ALP Senate hope out of race

Labor’s No 3 Senate candidate in NSW has withdrawn her candidacy just days ahead of the close of nominations.

Wagga GP Mary Ross has dropped out of the Senate race. Picture: Facebook

Labor’s No 3 Senate candidate in NSW has withdrawn her candidacy just days ahead of the close of nominations amid fears she risked falling foul of section 44 of the Constitution.

Britain-born GP Mary Ross was endorsed in the third spot on Labor’s NSW ticket in June 2018, describing her candidacy as “a dream come true”.

“I’m super excited. I never thought I would be in this position, especially now, when Labor is so strong and has such relevant policies,” the Wagga Wagga doctor told her local paper at the time.

Dr Ross had been actively campaigning for the seat until last week, when her ALP social media profiles were wiped.

The move, which follows the withdrawal of up to four Coalition candidates in safe Labor seats over s44 concerns, came just days ahead of the close of party nominations yesterday.

Dr Ross declined to discuss the reasons for her withdrawal, referring The Australian to a prepared statement issued by Labor on her behalf, in which she described the decision as a personal one.

She refused to comment on suggestions it related to potential eligibility problems, on the grounds of citizenship or her medical practice, which receives government payments.

Labor yesterday also declined to elaborate on Dr Ross’s eligibility to stand.

Section 44 of the Constitution bans individuals from sitting in parliament if they hold “any office of profit under the crown”.

Dual citizens are also ineligible under the rule.

As the sole owner of a bulk-­billing medical practice that also ­offers Aboriginal and Torres Strait Islander health checks, Dr Ross could have faced a potential s44 challenge.

Bulk-billing involves the payment of government medical fees directly to GP practices, whereas the payment goes directly to the patient in the case of non-bulk-billing doctors.

Dr Ross also declined to say whether she had renounced her British citizenship.

Sydney University constitutional law professor Anne Twomey said a doctor’s eligibility to stand as a candidate would depend on the way in which his or her practice was structured, and whether that constituted an agreement with the public service.

In her statement, Dr Ross said she remained a proud ALP member and would continue to campaign for the election of a Shorten government.

“After personal reflection and in consultation with my family, I have made a decision to withdraw my candidacy for the Australian Senate at this year’s federal election,” she said.

As a rural GP, Dr Ross was seen as a strong advocate for Labor’s healthcare agenda.

She also went some way to balancing the ticket’s gender mix, following union bosses Tony Sheldon and Tim Ayres.

The third spot on the ticket in NSW is not normally considered winnable, but Labor had three senators elected in the state in the 2004 and 2007 polls.

In NSW, the Liberals’ Werriwa candidate Sam Kayal and Fowler candidate Courtney Nguyen both stood aside over citizenship concerns, along with the National Party’s Whitlam candidate James Harker-Mortlock.

The Liberal candidate for Lalor, in Victoria, Kate Oski, also stood aside over potential citizenship issues.