Legal question on Dominic Perrottet Nazi ‘secret’

Dominic Perrottet has refused to say whether he disclosed his Nazi uniform gaffe on four legally binding statutory declaration forms required to become a Liberal Party candidate.

Dominic Perrottet arrives at Ryde Hospital on Friday to announce a funding package. Picture: Jeremy Piper

NSW Premier Dominic Perrottet has refused to say whether he disclosed his Nazi uniform gaffe on four legally binding statutory ­declaration forms required to ­become a Liberal Party candidate, as warring factions point fingers at one another for the leak.

The stunning confession, two decades after he wore the Nazi outfit to his fancy dress 21st birthday party, sent the NSW Liberal factions into overdrive trying to identify the source of the historic information, and who held a heavily rumoured photo of Mr Perrottet in the costume.

Mr Perrottet offered a mea culpa at a press conference on Thursday, saying the decision to go dressed as a Nazi to his fancy dress party in 2003 was a “grave and terrible mistake”. He said he had grappled with the shame of his secret for 20 years, including 11 years as a politician.

Now it could pose both a political and legal headache for Mr Perrottet, because all Liberal candidates are required to undertake a 27-page “nomination for selection” form as part of their application, enabling party officials to determine if they are fit and proper to stand at the election.

As part of the form, candidates are required to sign a three-page legally binding statutory declaration, affirming that “to the best of my knowledge there are no other matters about me of any ­nature that are likely to cause ­embarrassment to the party”.

It is prefaced by a warning that the declaration is “subject to the punishment by law provided for any wilfully false statement in any such declaration”.

The conditions of nominations state: “Failure to disclose any and all risks, any inaccuracy or omission in the ­answers you provide, or provision of information that is false or misleading in any material way, may result in your ­exclusion as a candidate for selection, or disendorsement if you are ultimately selected and endorsed as a candidate.”

Mr Perrottet would have been required to sign the statutory declarations ahead of the elections he contested in 2011, 2015 and 2019, as well as for the one in March.

In NSW, swearing a false statutory declaration is a criminal offence punishable by five years in prison. Under the Oaths Act, “any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of an ­indictable offence and liable to imprisonment for five years”.

When asked whether Mr Perrottet had falsely signed the statutory declaration or divulged the Nazi gaffe, a spokesman for the Premier declined to comment, saying all matters related to nomination review committee meetings were a matter for the NSW Liberal Party head office.

A spokesman for NSW Liberal HQ also declined to comment.

The Premier’s mea culpa came two days after Transport Minister David Elliott warned him a photo may be in circulation and used against him. Despite outing himself, Mr Perrottet, his office and senior ministers have not seen evidence the picture exists.

On Friday morning, Mr Perrottet insisted his party remained united, despite the obvious effort to detonate his premiership, as he reiterated he had no knowledge of whether a photo of him wearing the Nazi uniform ­existed. “I’m not aware of a photograph. I’m not aware of one that exists. It’s not about that. It’s about the fact I did it. And I’m truly sorry for that mistake that I made. And I’m going to make it good,” he said.

After questions emerged about Mr Perrottet’s position as Premier, he was offered the public support of another two ministers, Health Minister Brad Hazzard and Customer Service Minister Victor Dominello, who flanked him as he announced $479m in funding for Ryde Hospital.

Their declarations added to the public support of Treasurer Matt Kean, Planning Minister Anthony Roberts and Multiculturalism Minister Mark Coure.

Mr Perrottet said he had been contacted by a “number of colleagues” expressing their support for him. He said he appreciated their support – “but ultimately it’s not about me”.

Liberal sources remained divided as to the genesis of the information, and why the culprit had chosen now to divulge it. Some blamed aggrieved members of the hard-right faction. Others believed it was the work of the centre-right faction.