Barrister exposes Greens’ Kiwi senator

A barrister was the mystery informant who ended the parliamentary career of Greens deputy co-leader Scott Ludlam.

Former Greens senator Scott Ludlam. Picture: Colin Murty

A barrister with a keen interest in the Constitution was the mystery informant who ended the parliamentary career of Greens deputy co-leader Scott Ludlam, who earned more than $1.6 million while sitting in the Senate illegitimately for nine years.

John Cameron’s discovery that Mr Ludlam had never ­renounced his New Zealand citizenship could see the former senator asked to repay his salary as well as that of his staff, with Mr Ludlam, who says his assets “amount to a fast computer and nice shoes”, vowing to fight any such move.

Mr Cameron, a former Aboriginal Legal Service lawyer and social justice advocate, told The Weekend Australian last night that he was not politically motivated when he applied three weeks ago to the NZ Department of Internal Affairs to search its register of citizens.

He wanted to know whether either Mr Ludlam or senator ­Derryn Hinch had retained their citizenship, which would have made them ­ineligible to be Australian senators under section 44 of the Constitution.

Mr Cameron learned that while Senator Hinch renounced his NZ citizenship before the last election, Mr Ludlam had remained a NZ citizen after leaving the country where he was born — in Palmerston North — when he was three.

Mr Ludlam, who yesterday ­became the third senator to be forced out of the current parliament after being found to be in­eligible, was in New York addressing a UN conference on banning nuclear weapons when his office was informed by Mr Cameron of the discovery. It took Mr Ludlam a further 48 hours to confirm he remained a citizen after assuming it was renounced when he became an Australian citizen in his mid-teens.

University student Jordon Steele-John, 22, who has cerebral palsy, has been touted as the frontrunner to take the now-­vacant seat. However, there was speculation last night it would not be filled until October, meaning Malcolm Turnbull would have to deal with one fewer crossbenchers and possibly be able to sideline the three Nick Xenophon Team senators.

“I did this as a citizen, not as a lawyer, with a keen interest in the Constitution,” Mr Cameron said.

“I checked about three weeks ago with the NZ Department of Internal Affairs and applied to search the register in relation to Mr Ludlam and Senator Hinch.

“I expected the human headline may not have done it and Mr Ludlam would have done it, but it was the other way around.

Perth barrister John Cameron.

“I received the certificate for Mr Ludlam which showed he was still a citizen but for Mr Hinch the certificate shows that he renounced his citizenship before the last election. I sent the certificate to the clerk of the Senate, however out of a courtesy a few days ago I provided Senator Ludlam with a copy of the certificate. This is not driven by political ideology.”

He added: “I think the Australian Constitution is important. It is the basic law of our country.”

The Weekend Australian has confirmed that Mr Cameron’s email to the office of Mr Ludlam arrived last Friday. Greens senator Rachel Siewert had earlier declined to name the informant, saying only that it was not a journalist or a political ­opponent.

Although he insisted he was unaware of his dual nationality status until Mr Cameron’s discovery, a change.org petition asked him to prove three years ago he had renounced NZ citizenship.

Mr Ludlam could not be certain yesterday whether he would be pursued for his wages plus entitlements, and possibly the wages of his staff, since he illegitimately ­entered parliament in 2008.

Constitutional expert George Williams said he believed Mr Ludlam may be asked to repay at least some of his salary.

In the cases of former senators Bob Day and Rod Culleton, each was asked to repay salaries, allowances, super and other expenses. Mr Day was asked to make a partial repayment. However, anyone with debt to the commonwealth — not just current and former MPs — can apply for a waiver.

Jordon Steele-John.

Mr Ludlam described the oversight as devastating. “I apologise unreservedly for this mistake. This was my error, something I should have checked when I first nominated for preselection in 2006,” he said. “I have no wish to draw out the uncertainty or create a lengthy legal dispute, particularly when the Constitution is so clear.

“I am resigning as senator for Western Australia and co-deputy leader of the Australian Greens, effective today.”

Yesterday, former prime minister Tony Abbott posted a letter confirming his British citizenship was renounced in 1993.

It is understood the major parties could treat the resignation as a casual vacancy and offer the Greens a pair, in which case the government would still need 10 extra votes to pass legislation. If a pair were not offered, there would be 75 senators — down from the complete suite of 76 — and the government would need only nine votes to legislate bills.

Under this scenario the ­Coalition could pass a bill without the three Nick Xenophon Team senators if it gained the votes of the four One Nation senators plus Cory Bernardi, Jacqui Lambie, Lucy Gichuhi, Derryn Hinch and David Leyonhjelm.

Mr Cameron said he believed there was a flaw in the statutory declarations that federal MPs were required to sign because they were not required to provide any evidence that they had renounced any other citizenship that they may have acquired by birth. Mr Cameron said he was a dual citizen himself of both NZ and Australia “but I am not standing for office”.

Mr Steele-John, who has suggested he does not want the Senate position, said: “Like everyone else in the party I’m going to be spending the next week in sad shock and-or swearing loudly into a pillow.”

Mr Williams said that if Mr Steele-John were to take the spot he could later resign, allowing Mr Ludham to return once he had ­renounced his NZ citizenship.