Greens senator Larissa Waters forced out of parliament



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Larissa Waters is the second Greens senator to resign in less than a week.
Dan Peled/AAP

Michelle Grattan, University of Canberra

The Greens have lost a second senator in less than a week for having dual citizenship, with Larissa Waters forced to resign on Tuesday after she discovered she was still a citizen of Canada.

Like Scott Ludlam, who quit last week when he found out he had dual New Zealand citizenship, the Queensland senator had been co-deputy leader of the Greens.

She said she had left Canada as an 11-month old baby; she’d been born to Australian parents studying and working briefly in Canada.

She had all her life thought that “as a baby I was naturalised to be Australian and only Australian, and my parents told me that I had until age 21 to actively seek Canadian citizenship. At 21, I chose not to seek dual citizenship, and I have never even visited Canada since leaving.”

After Ludlam’s discovery, she sought legal advice, and was “devastated to learn that because of 70-year-old Canadian laws I had been a dual citizen from birth, and that Canadian law changed a week after I was born and required me to have actively renounced Canadian citizenship”, she said.

“I had not renounced since I was unaware that I was a dual citizen. Obviously this is something that I should have sought advice on when I first nominated for the Senate in 2007, and I take full responsibility for this grave mistake and oversight. I am deeply sorry for the impact that it will have,” she said.

Greens leader Richard Di Natale, heaping praise on Waters, said he was “gutted” by her announcement, coming just a few days after Ludlam’s.

He was initiating an overhaul of the party’s processes.

“I have immediately spoken to our two national co-conveners and we are committed to a thorough root-and-branch review so that we strengthen our governance, improve our internal processes and we make sure that this never happens again,” he said.

“I won’t sugarcoat it, we need to make sure that our internal party processes are up to the challenge,” he said. He did not believe there were any other Greens senators in breach of Section 44 of the Constitution, which prohibits a person with dual citizenship being eligible for election to parliament.

The resignation of Waters opens the way for the possible return to the Senate of Andrew Bartlett, who represented the Australian Democrats from 1997 and 2008. He led the Democrats from 2002 to 2004, and was deputy from 2004 and 2008.

On earlier precedents, the High Court would order a countback which would see Bartlett elected.

It is not clear whether he would then remain in the seat or resign so the Greens could fill it again with Waters.

Bartlett said on Facebook that the party’s membership “will be having many conversations over the next few days as we process what has happened and determine what is the best way forward to ensure we remain a strong voice for the essential values the Greens promote”.

Other foreign-born Greens senators hit Twitter to declare their citizenship credentials were in order. Tasmanian senator Nick McKim said he renounced his UK citizenship in 2015, before being nominated by the Tasmanian parliament to the Senate. Fellow Tasmanian Peter Whish-Wilson, born in Singapore, said he did not have dual citizenship.

The ConversationFor good measure, One Nation’s Malcolm Roberts, born in India, and Labor’s Sam Dastyari, born an Iranian citizen, also tweeted they were in compliance with constitutional requirements. Finance Minister Mathias Cormann, who migrated from Belgium, said in a statement that he automatically lost his Belgian citizenship when he became an Australian citizen in 2000.

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Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Greens senator Scott Ludlam forced to quit because of dual citizenship



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Scott Ludlam has quit as a senator immediately.
AAP/Lukas Coch

Michelle Grattan, University of Canberra

The Greens are in shock after their co-deputy leader, Scott Ludlam, discovered he is ineligible to sit in federal parliament because he has dual New Zealand citizenship.

Ludlam, 47, who entered the Senate for Western Australia in 2008 after being elected at the 2007 poll, said he had not thought of the possibility he was a NZ citizen. He left the country with his family when he was three, settled in Australia shortly before his ninth birthday, and was naturalised in his mid-teens.

He had “assumed that was the end of my New Zealand citizenship”, but he accepted that it was his error and apologised “unreservedly”. He was “personally devastated” that an avoidable error was forcing him to leave parliament.

He was quitting immediately. “I have no wish to draw out the uncertainty or create a lengthy legal dispute.” The Constitution bans anyone holding dual citizenship being eligible for election to federal parliament. People holding dual citizenship must take active steps to renounce their other allegiance before standing.

The Senate will refer the matter to the Court of Disputed Returns. Fellow Greens senator from Western Australia Rachel Siewert anticipated there would be a recount and the next candidate on the 2016 Greens ticket, Jordon Steele-John, would be elected to replace Ludlam.

But the party faces further uncertainty, with Steele-John indicating on Facebook on Friday that he may then quit, creating a casual vacancy, to allow the party to pick another candidate.

Ludlam said his dual citizenship was brought to his attention only about a week ago. The Greens said their understanding was that the person who raised it was a “very interested member of the community” but neither a journalist nor an opponent. It is believed the person was a barrister.

The government is considered certain to confirm there will be no attempt to reclaim Ludlam’s back salary. It recently announced that Bob Day and Rod Culleton, who were both found ineligible, would not be pursued over back pay.

Greens leader Richard Di Natale said Ludlam’s decision to deal with the issue directly and immediately showed “his absolute integrity and character”.

Ludlam did not entirely rule out seeking a later return to parliament but said it was way too soon to think about that. “This is a departure, not an announcement of a potential candidacy some time into the future.”

He pointed to the irony of the constitutional situation. “What it is telling us is that I am owning allegiance to a foreign power, which is the sovereign of New Zealand – which is also the same Queen’s crest that flies over this parliament. It is a bit on the silly side. It is also black-letter law. You can’t wriggle away from that.”

Steele-John, 22, who has mild cerebral palsy, is very active as an advocate on disability issues. He posted on Facebook: “If it comes down to it, I’d be happier putting the choice of candidate back into the hands of our party membership.

“But like everyone else in the party I’m going to be spending the next week in sad shock and/or swearing loudly into a pillow. We can worry about who, and how the hell we try to substitute someone else in for Scott later.”

Among his achievements Ludlam pointed to his work on preventing an internet filter, and in getting “the threat of a radioactive waste dump off the shoulders of some old Aboriginal women in the Northern Territory”. Last week he was at the United Nations, making a speech before the sign-off on a global nuclear weapons ban that was endorsed by 122 countries though not the nuclear powers (and Australia), which boycotted the negotiations.

The Conversation“It’s been quite a ride. I will miss that, absolutely,” he said of his time in parliament.

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Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Former leader Bob Brown attacks Greens senator Rhiannon’s behaviour on schools



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All nine of Lee Rhiannon’s federal colleagues co-signed a letter of complaint that was sent to the Greens’ national council.
Mick Tsikas/AAP

Michelle Grattan, University of Canberra

Former Greens leader Bob Brown accused Lee Rhiannon of “perfidious behaviour”, as the defiant Greens senator fought back against united condemnation from her parliamentary colleagues.

The other nine parliamentary Greens, including eight senators and lower house member Adam Bandt, have written to the party’s national council complaining about Rhiannon who, when the Greens were negotiating with the government on the schools bill, authorised a leaflet urging people to lobby senators to block the legislation.

Brown, a long-time critic of Rhiannon, repeated his previous description of her as “the Greens’ version of Tony Abbott”, and his call for the NSW Greens to replace her at the election with someone more popular and constructive.

He said that while he did not disagree with the Greens ultimately voting against the legislation – because Education Minister Simon Birmingham had done a special deal with the Catholics – the Greens in their negotiations had obtained $A5 billion in extra money.

Education was not Rhiannon’s portfolio – and for her to advocate against the Greens leader Richard Di Natale and its education spokesperson, Sarah Hanson-Young, was “untenable”, Brown said.

The Greens letter said: “We were astounded that senator Rhiannon was engaged with [the leaflet] production and distribution without informing party room at a time when we were under enormous pressure from all sides as we considered our position on the bill”.

It said the leaflet had the potential to damage the negotiations that Di Natale and Hanson-Young were having with the government about billions in extra funding for underfunded public schools.

The Greens’ parliamentary partyroom will consider Rhiannon’s action.

Despite prolonged negotiations with the Greens, the government finally concluded a deal with ten of the other crossbench senators to pass the bill. But the Greens had done much of the heavy lifting to obtain a series of amendments. This included the additional money, which takes the planned total extra federal government spending on Australian schools to $23.5 billion over a decade.

In a statement on Sunday Rhiannon said she rejected allegations she had derailed negotiations and breached “faith of the party and partyroom”.

“I am proud the Greens partyroom decided to vote against the Turnbull government’s school funding legislation. It’s clear that public schools would have been better off under the existing Commonweath-state agreements than they will be under the Turnbull package.”

She said that at all times her actions on education had been faithful to the party’s policy and process, and her work had not impacted on the negotiations.

She defended the leaflets she authorised, saying they were “a good initiative of Greens local groups.

“They highlighted the negative impact the Turnbull funding plan would have on their local public schools.

“Producing such materials are a regular feature of Greens campaigns. These leaflets urged people to lobby all senators to oppose the bill.

The Conversation“I was proud to stand with branches of the Australian Education Union, particularly as the Turnbull school funding plan favoured private schools,” she said.

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Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Explainer: why has Rod Culleton been disqualified from the Senate?


Lorraine Finlay, Murdoch University

The ongoing legal controversies surrounding Western Australian senator Rod Culleton – described by a Federal Court judge as “something approaching a carnival, if not a circus” – took a new turn on Wednesday. Senate President Stephen Parry made the constitutional step of notifying the WA government of a Senate vacancy due to Culleton’s disqualification following a long saga over his eligibility to sit in the upper house.

Culleton’s disqualification comes after Parry received formal notification of Culleton’s status as an undischarged bankrupt.

Even before the 2016 election results were formally declared, questions were being asked over whether Culleton was actually eligible to be a senator. Since that time, two key constitutional issues have emerged.

The Court of Disputed Returns

The first issue relates to a larceny charge in New South Wales concerning a A$7.50 tow truck key. Culleton was convicted in March 2016. However, the conviction was annulled in August, meaning it “ceases to have effect”.

While Culleton later pleaded guilty at a rehearing in October, no conviction was ultimately recorded.

In November, the Senate referred this conviction’s constitutional impact to the High Court, sitting as the Court of Disputed Returns. The issue is whether Culleton’s election was valid under Section 44(ii) of the Constitution, which provides a person is incapable of being a senator if they have:

… been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a state by imprisonment for one year or longer.

The larceny conviction falls squarely within this section’s scope. The critical question is whether Culleton had actually been convicted at the time of his election (and was therefore ineligible), given this was subsequently annulled.

The central issue concerns the word “annulment”. If the Court of Disputed Returns holds that the conviction never existed then this issue falls away. If, however, the effect of an annulment is not retrospective then Culleton was never eligible to be elected.

At the conclusion of hearings on December 7 the court reserved its decision. It is not scheduled to sit again until January 30.

There is no guarantee that a decision will be handed down at the next sittings, or before the Senate next meets on February 7. However, the court has previously recognised the public interest in this matter being resolved expeditiously.

Culleton’s bankruptcy proceedings

The second issue concerns bankruptcy proceedings filed against Culleton.

On December 23, 2016, a Federal Court judge ordered that Culleton’s estate be sequestrated (or seized to pay his debts). All proceedings under the order were stayed for 21 days; this stay was due to be lifted on January 13.

Culleton continues to assert he is not bankrupt, and is able to pay his debts. However, the Federal Court judge dismissed this. He noted that, despite assertions made before the court, there was “no material evidence” produced to support these claims. An appeal against the sequestration order was filed on January 11, but no date has yet been set for the appeal hearing.

The effect of a sequestration order is that the debtor becomes a bankrupt. In Culleton’s case, this then enlivens sections 44 and 45 of the Constitution. These provide that an undischarged bankrupt is incapable of sitting as a senator, and their Senate position becomes vacant.

Parry’s statement indicated he has received from the inspector-general in bankruptcy and the Federal Court registry documents recording Culleton’s status as an undischarged bankrupt. The necessary constitutional implication is that Culleton’s Senate position is vacant.

What happens next?

This saga still has some way to go before its conclusion. But it is almost certain that Culleton will not be able to continue as a senator.

Even if he successfully appeals the sequestration order and the Court of Disputed Returns rules in his favour, Culleton still faces further constitutional hurdles. Another creditor’s petition is yet to be heard by the Federal Court, and a stealing charge is listed for trial in Perth in September 2017. These could each result in Culleton being constitutionally precluded from sitting as a senator.

From a constitutional perspective, however, it is critical that the correct grounds for disqualification are established. This will affect how a replacement senator is chosen.

If the Court of Disputed Returns rules that Culleton was never eligible to be elected, then – based on precedent – the most-likely outcome is that the second-listed One Nation candidate from the 2016 election will be declared elected. This happens to be Culleton’s brother-in-law, Peter Georgiou.

If, however, Culleton was initially eligible but is subsequently disqualified as an undischarged bankrupt, then a casual vacancy would arise to be dealt with under Section 15 of the Constitution. In this case, One Nation would recommend a party member to fill the vacancy, and the WA parliament would formally appoint this replacement.

If the WA parliament is not in session – which is a distinct possibility given a state election will be held on March 11 – then the WA governor will make the appointment, which must then be confirmed at the next state parliamentary sittings. One Nation leader Pauline Hanson has already tweeted that she has selected a “great person” as a replacement if a casual vacancy is declared.

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Given these possibilities, it would be prudent to wait until both the existing bankruptcy appeal and the Court of Disputed Returns’ decision are finalised before taking any steps to fill the vacancy. This is far from ideal given both the close numbers in the Senate and that WA will be under-represented in the “states’ house” for as long as the position remains unfilled.

However, the removal of a senator who was duly elected by the people only six months ago is not something to be done lightly. And it is certainly not something to be done on anything other than conclusively determined constitutional grounds.

The Conversation

Lorraine Finlay, Lecturer in Law, Murdoch University

This article was originally published on The Conversation. Read the original article.

Australia: Mary Jo Fisher to Quit Senate


Scientology a criminal organisation says Australian senator


An Australian lawmaker has launched a scathing attack on the Church of Scientology saying, "Scientology is not a religious organization but a criminal organization that hides behind its so called religious beliefs," reports Ecumenical News International.

In a speech to the Australian Senate on 17 November, Senator Nick Xenophon said the Church of Scientology had a "worldwide pattern of abuse and criminality".

The Church of Scientology responded in a statement saying that the senator had presented unsubstantiated allegations as if they were factual evidence and by speaking under parliamentary privilege he had abused the powers granted to him as lawmaker.

Report from the Christian Telegraph 

Australia Considers Same-Sex "Marriage"


By Thaddeus M. Baklinski

CANBERRA, November 10, 2009 (LifeSiteNews.com) – As part of its inquiry into the Marriage Amendment Bill the Australian government yesterday heard arguments for and against same-sex “marriage.”

The Australian Green party is pushing for the redefinition of marriage as part of their platform in anticipation of next year’s federal election.

Australian Greens Senator Sarah Hanson-Young asked Prime Minister Kevin Rudd to allow Labor MPs a free parliamentary vote on same-sex “marriage” when it comes before the House. “This is not a gay issue, it’s a human rights issue,” she said

“I’m calling for the prime minister to … grant his members a conscience vote so we can get a true reflection of how the Australian community is feeling,” Hanson-Young told ABC TV this week, adding, “The majority of Australians think people should be able to marry who they want.”

The Sydney Star Observer reports that the Bill has prompted a considerable response from citizens, with the Senate Legal and Constitutional Affairs Committee receiving more than 20,000 submissions in the past two months.

The committee reported on Monday that the submissions ran about two to one against same-sex “marriage.”

“16,752 emails were received against amending the Marriage Act to include same-sex couples, while only 8,666 emails had been received for,” the report stated.

The Australian Family Association’s (AFA) submission reaffirmed that marriage should be reserved as a union between a man and a woman.

“We submit that marriage deliberately identifies and protects a particular type of relationship – the uniquely pro-generative male-female relationship – which carries a unique (and not inconsiderable) significance for both contemporary Australian society, and for the entire human species,” the AFA stated.

The AFA is encouraging Australians to send a strong message to their elected leaders to defend traditional marriage. A petition and contact information is available on the group’s website.

“Without a public ‘uprising’ to defend marriage,” said the group, “it is conceivable that Australia could join other nations (namely Canada, Spain, Belgium and some American states) in legalising same-sex ‘marriage’. We are charged therefore with the serious responsibility of working to retain the definition of marriage as a union between a man and a woman. Now, and over the next year we must garner an increasing mass of people to take a stand for marriage.”

The Senate Legal and Constitutional Affairs Committee is scheduled to publish the results of its inquiry into the Marriage Amendment Bill on November 26, 2009.

This Report from LifeSiteNews.com

www.LifeSiteNews.com

Lao soldiers decapitated a two-month-old girl, Christians suffer


A human rights organization has just learned that Lao soldiers captured, mutilated and decapitated a two-month-old girl during recent military attacks against Hmong and Laotian civilians. Survivors of the attack said the infant was used for target practice, reports Jeremy Reynalds, correspondent for ASSIST News Service.

Laos is a landlocked country in Southeast Asia, bordered by Burma and People’s Republic of China to the northwest, Vietnam to the east, Cambodia to the south and Thailand to the west.

Speaking in a news release from human rights organization International Christian Concern (ICC), Vaughn Vang, the Director of the Lao Hmong Human Rights Council, said, “We are told, by some of the Lao Hmong survivors of the recent military attacks in Laos, that the LPDR (Lao Peoples Democratic Republic) soldiers of the LPA (Lao Peoples Army) used the … Lao Hmong girl, while she was still alive, for target practice … once she was captured and tied up; they mutilated her little body and continued to fire their weapons, over and over … until her head just eventually came off after so many bullets severed her head.”

ICC said the Center for Public Policy Analysis (CPPA) reported the incidents, claiming that eight children were captured and 26 Hmong and Laotian civilians were murdered during a series of four major attacks over the past month. They were apparently designed to stifle “religious and political dissidents” ahead of a visit by U.S. Senator Jim Webb. Christian Hmong were mostly certainly among those attacked as they are often targeted specifically by the regime.

With ages ranging from two months to eight years old, ICC reported that the captured children remain a concern to Vang, who said that their whereabouts were unknown and that they would likely be tortured and killed by the soldiers. The decapitated child’s body was found next to her mother, who had also been tortured and killed by Lao soldiers. A number of the female victims were raped and tortured before they were killed. The most recent attack occurred on Aug. 13.

Unfortunately, this level of brutality against women and children is not uncommon for Lao soldiers, ICC reported. It is standard procedure for soldiers to surround and isolate pockets of Hmong people and starve them out to be killed when they venture out to forage.

Philip Smith, the Executive Director of CPPA, told ICC of video footage smuggled out of Laos in 2004 that documents the aftermath of the killing and brutalization of five Hmong children, four of them girls, on May 19 2004.

That footage was used in the graphic documentary, “Hunted Like Animals,” by Rebecca Sommer. Clips can be viewed at rebeccasommer.org, but they contain highly graphic content.

Natalia Rain, ICC’s Regional Manager for East Asia, said in the news release, “Rights groups have rightly called the acts the Lao military commits against children and civilians war crimes. Let the international community not be guilty of the same by its silence in the face of a regime who has already been allowed so much room that it has reached the heights of sadism in the torture and decapitation of a two-month-old little girl.”

Report from the Christian Telegraph