Dual citizenship crisis: Greens seek advice on Senator Andrew Bartlett

The Greens have sought fresh legal advice over the eligibility of one of its newest senators Andrew Bartlett.

Andrew Bartlett after being sworn-in in the Senate Chamber in Canberra. Picture: Kym Smith

The Greens have sought fresh legal advice over the eligibility of one of its newest senators Andrew Bartlett to sit in parliament following a landmark High Court ruling yesterday that created a new constitutional headache.

Mr Bartlett was a researcher at the Australian National University when he nominated for the 2016 election, which constitutional lawyers say could put him in breach of the Constitution. They acknowledge it is a “grey area” that has never been tested.

The Greens had been confident Mr Bartlett was in the clear but leader Richard Di Natale today conceded the Hughes ruling had changed the state of play.

Mr Bartlett was declared elected on Friday, replacing former Greens Queensland senator Larissa Waters after she was disqualified for being a Canadian citizen.

The High Court yesterday found Ms Hughes could not replace former Nationals deputy leader Fiona Nash in the Senate because she held a part-time government job one year after the 2016 election for just less than five months.

Geoffrey Kennett SC, who was appointed by the court to effectively contradict Ms Hughes’ case, successfully argued a person must remain eligible to be “chosen” to sit in parliament for the duration of an election period that began at nomination and concluded only once a valid candidate was elected.

Under section 44 of the Constitution, the same section that has so far caught eight parliamentarians for being dual citizens, including Ms Nash, a person who holds “any office of profit under the Crown” can be disqualified.

“In light of questions raised by the High Court’s unexpected ruling on Hollie Hughes’ ineligibility to serve in the federal parliament, the Australian Greens are seeking fresh legal advice about the case of Greens senator Andrew Bartlett, who was employed at the Australian National University at the time of his election,” Senator Di Natale said.

“Previous legal advice received by the Australian Greens on the matter indicated with a strong degree of confidence that Senator Bartlett does not hold an office of profit under the Crown, and it is noted that the High Court certified his election earlier this month.”

University of NSW constitutional law expert George Williams said the hard line Hughes ruling would place pressure on Mr Bartlett and the likely replacement for former Tasmanian senator Jacqui ­Lambie, who quit parliament on Tuesday because she was British, to resolve their status.

The Australian understands there are concerns within the Jacqui Lambie Network over Steve Martin, who was No 2 on the party’s Tasmanian Senate ballot and is Devonport mayor.

The party cancelled a press conference with Ms Lambie and Mr Martin today “due to unforeseen circumstances” following the Hughes judgment.

Liberal senator Eric Abetz has called on Labor MPs under a citizenship cloud like Justine Keay and Susan Lamb to be referred to the High Court and today said Mr Bartlett should be added to the list.

“Given the very clear interpretation of the High Court in the Hughes case, Andrew Bartlett has very real questions to answer and should be referred to the High Court. Contrary to claims from Labor, Justine Keay and Susan Lamb, ‘legal advice’ is not enough and there is only one arbiter on these matters – the High Court,” Senator Abetz said.

“If Senator Bartlett believes he is completely in the clear, as he claims, he should have no concerns about having his eligibility tested before the High Court. Queensland electors deserve nothing less.”