1. DISQUALIFICATION OF MEMBERS OF THE AUSTRALIAN PARLIAMENT — RECENT DEVELOPMENTS AND THE CASE FOR REFORM.
- Author
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Carney, Gerard
- Subjects
- *
CITIZENSHIP , *LEGISLATIVE amendments , *NONCITIZENS - Abstract
This paper reviews the two most significant decisions of the High Court in 2017, which led to the disqualification of several members of the Commonwealth Parliament. Firstly, Re Canavan which applied the terms of s 44(i) strictly to disqualify dual citizens even when their foreign citizenship is acquired unknowingly. Secondly. Re Day (No 2) which revives the government contractor ground in s 44(v) by overturning the narrow approach in In re Webster. Both decisions affirm the important role of the grounds of disqualification to reinforce the obligation of members of parliament to act only in the interests of the nation, and not for their own personal interest. Yet, the disproportionate impact of Re Canavan on members who had no awareness of their foreign citizenship by descent indicates that at least the second limb of s 44(i) should be repealed. Not so s 44(v), the full implications of which have yet to be identified. This paper also urges the amendment of the Common Informers (Parliamentary Disqualifications) Act 1975 (Cth) to give the Court of Disputed Returns the jurisdiction to determine the qualification of members in any common informer action. [ABSTRACT FROM AUTHOR]
- Published
- 2018