Solicitor-General Stephen Donaghue will rule on Peter Dutton’s eligibility to sit in Parliament
THE second-highest-ranked law officer in Australia could torpedo Peter Dutton’s prime ministerial ambitions with the stroke of his pen today.
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THE second-highest-ranked law officer in Australia could torpedo Peter Dutton’s prime ministerial ambitions with the stroke of his pen today.
Written advice by Solicitor-General Stephen Donaghue on whether Mr Dutton is eligible to continue sitting in Parliament will be delivered to the Liberal party room today — ahead of an expected second leadership vote.
Mr Donaghue has been commissioned by PM Malcolm Turnbull to advise whether the chief challenger for his job is in breach of Section 44 of the Constitution, which forbids MPs profiting from the Commonwealth.
At issue is Mr Dutton’s family trust’s ownership of two childcare centres in Brisbane, which have received government subsidies to the tune of $5.6 million.
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The Solicitor-General, who ranks behind only the Attorney-General in the Commonwealth legal hierarchy, could recommend Mr Dutton’s case be referred to the High Court.
Mr Turnbull yesterday used the issue to raise doubts over Mr Dutton’s suitability to replace him as Liberal leader and prime minister.
The case could potentially drag out for months, clouding an election campaign.
“That advice at least will mean the party room is informed and indeed, Mr Dutton is informed. That may impact on his decision to run or not,” Mr Turnbull said.
“You can imagine the consequences of having a prime minister whose actions and decisions are questionable, because of the issue of eligibility, ie, are they validly a minister at all?”
The High Court has ultimate determination over Mr Dutton’s eligibility but it must be referred to the court and an attempt by Labor in the Senate yesterday to do so was voted down.
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Mr Dutton, who could also refer himself to the court, last night released updated legal advice from Sydney SC Guy Reynolds concluding he was not in breach of section 44.
“Over recent days a spurious and baseless campaign has been conducted against me in relation to an alleged breach of section 44 of the constitution,” Mr Dutton said in a statement.
“The timing on the eve of current events in Australian politics is curious.”
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Under the constitution, a person cannot sit in Parliament if they have any “direct or indirect pecuniary interest with the public service of the Commonwealth”.
Mr Dutton’s legal advice claims the payments from the federal government to the childcare centres via rebates were for parents — not the operators of the centres — meaning there was no benefit for him.