Tony Abbott calls for Don Harwin’s head over NSW council election debacle

Tony Abbott has called NSW Liberal president Don Harwin’s position ‘untenable’, demanding his exit over the state party’s council nomination fiasco, as the party abandons a ‘fanciful’ legal challenge.

Former prime minister Tony Abbott, right, has said NSW Liberal president Don Harwin’s position is ‘untenable’. Picture: Gaye Gerard/NewsWire, Hollie Adams

Tony Abbott has called NSW ­Liberal president Don Harwin’s position “untenable”, demanding his exit for his role in the state party’s council nomination debacle as a threat of federal intervention loomed.

The former Liberal prime minister’s call came as the party ­abandoned what had been described as a “fanciful” last-ditch legal attempt to let it register ­candidates.

Mr Abbott said on Tuesday there was something “badly wrong” with the state party after last week’s preselection failure left 140 candidates, including 48 sitting councillors, off ballots ahead of September’s local ­elections.

“When there’s been a big organisational failure, the person at the top can’t wash his hands of it,” Mr Abbott said. “The president can’t realistically say it was all the state director’s fault when he was apparently up to his ears in the whole mess. I think his position is now untenable.”

Earlier this week, Mr Abbott called for a federal takeover of the embattled NSW branch, arguing it had become an “insiders’ club”.

“Something is badly wrong when the party has fewer than 10,000 members in a state of eight million people,” he said.

Centennial Lawyers principal solicitor George Newhouse. Picture: John Feder

“A successful political party can’t remain a closed shop or an insiders’ club. The main thing is ensuring that the NSW party is ready to do its job to get rid of a ­really bad government.”

On Sunday, Mr Harwin said the party would have “no other option but to pursue legal avenues” if the NSW Electoral Commission refused to provide an extension, but the body has stood firm in its refusal to do so.

While Mr Harwin is refusing to quit, large portions of the party doubt he can right the ship ahead of October’s state by-elections and the next federal election.

But late on Tuesday, the party announced it would not go ahead with any legal action against the NSWEC.

“The NSW Liberal Party ­received advice from senior counsel in relation to the irregularities in the process for nomination of local government candidates conducted by the NSW Electoral Commission,” NSW Liberal state director Wilson Chessell said in a statement.

“Having given consideration to that advice the Division will not be taking any legal proceedings.”

One Liberal source, speaking before the party’s announcement, said Mr Harwin had not sought the authority of the full state executive to pursue any threat against the NSWEC.

“It is my understanding that Don does not have state executive approval to go legal, he’s on his own,” they said. “The idea he is going to waste more membership money trying to deflect from his mistakes is … ridiculous.”

On Friday, Centennial Lawyers indicated it was exploring a class action on behalf of candidates to reclaim campaign funds, preselection fees and potential ­future councillor fees.

“The refund of application fees is just the beginning,” Centennial Lawyers principal solicitor ­George Newhouse said.

“Councillors would expect to receive a fee of between $20,000 and over $100,000 each year for four years if they were successful.

“I’m pleased (the party has) acknowledged responsibility for the losses and damages to the careers of those whose nomination forms weren’t lodged (but) compensating those individuals for their losses speaks louder than words.”

A Liberal source said it was time for the party to appoint a senior campaigner to act as intermediary between the state and federal divisions through to the next election.

“Harwin will ultimately become a victim of this,” they said. “He’s got a state council meeting in November coming up. I can’t imagine that’s going to be too pretty.”