Tasmanian Senate Seats Filled At Last

On Friday, Tasmania returned to its normal complement of Senators, having been down two since Stephen Parry and Jacqui Lambie resigned because of citizenship issues in November 2017.  It's been a long strange trip which started with the possibility that Parry's special count might unelect Nick McKim.  That was cancelled out when Lambie was also removed, only for two new issues to arise.  The first concerned whether Lambie's #2 and #3 candidates, Steve Martin and Rob Waterman, were even eligible, and it turns out Martin is and wants the seat.  The second, which is still to be resolved, is what happens with the Tasmanian term lengths, and I'll discuss this a little more below.

Lambie Network "Expels" Martin

A dramatic, if widely expected, event this week was that Jacqui Lambie announced that Steve Martin was being expelled from the party.  To be precise she announced that "the management committee of the Jacqui Lambie Network has moved to expel you from the party".  That has been universally taken that Martin has been expelled from the party, although it is capable of being interpreted as just saying that expulsion proceedings have been commenced.  This is no great surprise after Lambie told Martin to give up the seat, and also threatened to expel Martin if he re-employed Rob Messenger (which Martin says he is not doing anyway).  

Senate Section 44: The Term Lengths Issue Is Back

Once upon a time, a young chap in the Senate discovered that he was a dual New Zealand citizen and resigned.  Back in those quaint, far-off days (it was actually July this year), the fact that he was the holder of a six-year term was one of the most intriguing things about the situation.  With Ludlam's resignation merely the start of a citizenship issue that has now claimed eight MPs, with two more currently referred and questions about many others, the term lengths issue has been on the sidelines.  The High Court following Re Canavan simply appointed Jordon Steele-John to Ludlam's vacant place and it was assumed that that was all, perhaps because there wasn't an alternative.  But it turns out that was all because nobody suggested otherwise, and following a mention of the question by amicus curiae ("friend of the court") Geoffrey Kennett in the Fiona Nash case, the issue is back.

Firstly, although Steele-John is listed on Senate documents as having a term expiring in 2022, the WA Greens conducted a preselection (which he won) on the assumption that he would be facing the voters again in 2019.  Secondly, the issue has now been brought to the High Court's attention in cases dealing with the replacement of Senators Nash, Parry and Lambie (who all had six-year terms) and in the Lambie case it impacts on the future party makeup of the Senate.

The Latest Senate Section 44 Cases

Time for another - and I doubt it will be the final - roundup of the issues created by ineligible Senators (or in one case, a Senator-who-never-was).  I have had many questions about the Lambie situation but today's resignation of Skye Kakoschke-Moore also requires detailed comments.

Hollie Hughes (Candidate, NSW - disallowed)

The High Court's decision that Hollie Hughes should not be seated in place of Fiona Nash (apparently because of her intermediate holding of an office of profit while the original election was still open, though reasons are yet to be released) creates a new issue.  Hughes was eligible at the time of the original election but her subsequent employment renders her ineligible to fill the position vacated by Fiona Nash.  The Commonwealth is waiting to see whether the court rules that Hughes was incapable of being chosen, or capable of chosen but incapable of sitting.  If the former, Hughes will be replaced by a special count (resulting in controversial Abbott backer Jim Molan becoming a Senator) but if the latter there is some thought (I'm not convinced) that it might be a casual vacancy.