Peter Dutton says he is certain of his eligibility

Peter Dutton insists he has not breached section 44, but says “games” to attempt to refer him to the High Court will continue.

Home Affairs Minister Peter Dutton holding a press conference at Parliament House in Canberra.

Peter Dutton insists he does not need to change the arrangements of his family trust ahead of the next election that have landed him at the centre of the section 44 furore, but acknowledges “games” to attempt to refer him to the High Court will continue.

The Home Affairs Minister today declared he was “very certain” of his position following months of questioning over his eligibility to sit in federal parliament and after surviving the year without being sent to the High Court.

Labor has targeted Mr Dutton more than any other Coalition MP, pointing out there are decisions he has made as Minister — such as visa cancellations — that could be in doubt if he is in breach of the Constitution.

“Will the Labor Party continue to play these games? Of course they will but I think they’re a little more circumspect now because clearly it could be the case they have issues on their own side and the independents have made clear that that position is if there is doubt it should be spread,” Mr Dutton said.

“I’m the only candidate in relation to this issue that’s released all of my legal advice.”

In doubt is whether Mr Dutton, as a beneficiary of the RHT Family Trust, has an indirect pecuniary interest through any agreement between RHT Investments (as trustee for the family trust) and the commonwealth.

RHT Investments operates Camellia Avenue Child Care Centre, which is owned by Mr Dutton’s wife Kirilly Dutton and has received the child care subsidy and a subsidy for a special needs teacher worth $15,640.

Mr Dutton said his advice was that as long as the childcare centre received no profit there was not an issue under section 44 of the Constitution.

“When Kirilly takes kids, as she tells me, with special needs into her centre they lose money in relation to that arrangement. They put extra hours on for staff members, they get some assistance but they work with the family to provide extra assistance,” he said.

“I’m very certain about this issue. My wife’s business interests are her business interests, I’ve not received a dollar of distribution from that trust, I don’t have any operational involvement.

“The legal advice from two QCs has been very clear — that is that there’s not an issue. If there’s an issue with a service receiving childcare benefits through a parent then every doctor is in doubt because the MBS becomes an issue, every pharmacist is in doubt because of PBS payments.”

Labor did not gain enough support from lower house crossbenchers to refer Mr Dutton in the final parliamentary sitting fortnight of 2018.

Manager of opposition business Tony Burke said the government should refer Mr Dutton to the High Court.”

“The Solicitor-General’s advice made clear there is doubt that only the High Court can resolve,” he said.

Parliament is due to resume on February 12.