Peter Dutton: Wife’s child care centre believed to have been sold

Peter Dutton’s pathway to leadership appears to be smoother after his wife’s businesses were sold, according to a leaked email.

Peter Dutton’s wife is believed to have sold the last of her two childcare centres, in a move that could help smooth the path for his tilt at the Liberal leadership.

There have been long running legal concerns about Mr Dutton’s eligibility to sit in Parliament due to a possible “conflict of interest”.

The centres have received millions of dollars in government subsidies to help parents pay their fees.

Now it has emerged that Camelia Avenue Child Care Centre in Brisbane has been sold to Imagine Childcare, according to a leaked email.

Kirilly Dutton wrote, “it is with great sadness that I am writing to you all to advise that I have sold Camelia Avenue Childcare Centre.

Federal Liberal member for Dickson, Peter Dutton arrives at his party in Brendale alongside wife Kirilly. Picture: Zak Simmonds

“As my last two children approach the end of high school I am keen to spend some more time with them and then move onto some other business pursuits.”

The email said the sale would take effect on May 27 and Imagine Childcare would commence operation from May 30.

“It was not an easy decision for me to move on but I am excited by the experience, innovation and culture that Imagine will bring to the centre,” she wrote.

Peter Dutton's wife Kirilly emails all parents at Camelia Avenue Child Care Centre in Brisbane, notifying them of the business being sold. Picture: Supplied to News Corp Australia

Second half of the email sent by Peter Dutton's wife Kirilly. Picture: Supplied to News Corp Australia

Final part of the email sent to parents, signed off by Kirilly. Picture: Supplied to News Corp Australia

Her other business, Bald Hills Child Care Centre was sold earlier this year.

Under section 44 of the constitution, members of parliament who have any direct or indirect pecuniary interest in any “agreement” with the commonwealth are not eligible to sit in the House of Representatives or Senate.

There had been a question mark around whether Mr Dutton could be in breach of the constitution because his family’s discretionary trust, RHT Family Trust, had an interest in the two Brisbane childcare businesses.

A general view of Camelia Avenue Childcare Centre in Everton Hills, Brisbane. Picture: AAP

Mr Dutton’s wife Kirilly is the sole director of the family trust’s trustee company, RHT Investments.

Mr Dutton, who was first elected to parliament in 2001, was narrowly defeated by Scott Morrison in the 2018 Liberal spill, stopped being a director, its secretary, and a shareholder in March 2010.

Federal Liberal member for Dickson, Peter Dutton arrives at his election party in Brendale alongside wife Kirilly and children Rebecca, Tom and Harry. Picture: Zak Simmonds

However he remains a beneficiary of the RHT Family Trust.

Mr Dutton, 51, has always stressed that the legal advice he received in December 2017 showed he wasn’t in breach of section 44.

Former Attorney-General Christian Porter released advice from solicitor-general Stephen Donaghue in August 2018 which found Mr Dutton was eligible to sit in Parliament but outlined the issues that could lead the High Court to finding him ineligible.

Peter Dutton and his wife Kirilly at the 2019 election. Picture: AAP

“In my opinion the better view is that Mr Dutton is not incapable of sitting as a member of the House of Representatives by reasons of s 44(v) of the Constitution,” the letter stated.

But it also found, “The High Court might conclude that there is a conflict between Mr Dutton’s duty as a parliamentarian and his personal interests.”

Labor has previously said its legal advice was that Mr Dutton was not entitled to sit in parliament.

Other leadership contenders could be Dan Tehan and Karen Andrews.

News Corp has asked for comment from Mr Dutton, Camelia Avenue Child Care Centre and Imagine Childcare.