Brian Owler refuses to release legal advice as eligibility questioned

Brian Owler vows to continue working as a doctor but won’t release the legal advice he claims shows he’s eligible to sit in parliament.

Brian Owler won’t release legal advice he claims clears him to sit in parliament. Picture: Supplied.

Labor’s star candidate in Bennelong says he will continue to work as a neurosurgeon and won’t release the legal advice he claims clears him to be eligible to sit in parliament.

Brian Owler, the former head of the Australian Medical Association, could come into conflict with section 44 of the Australian Constitution if he is found to have “direct or indirect pecuniary interest in any agreement with the public service of the Commonwealth” through bulk-billing.

Dr Owler told Fairfax Media today that he will continue to work as a surgeon if he is elected into John Howard’s former federal seat at the next election.

“A lot of my long term patients and there are hundreds and hundreds of them, it’s really important for me that I continue to care for patients,” Professor Owler said.

“And while I’ll be spending the overwhelming majority of my time being an MP, should I be elected, I’m going to still care for my patients, particularly my long-term patients.”

Dr Owler’s reluctance to release legal advice follows presumptive MP for Wentworth’s Dr Kerryn Phelps’ refusal to do similar. Her eligibility has been speculated on because of her position as a City of Sydney councillor.

Sydney University professor Anne Twomey told Fairfax Media that Dr Owler’s constitutional eligibility would depend on how he structured his medical practice and if he bulk-billed patients.