Opinion: Have Western Australians elected an ineligible One Nation Senate candidate?

July 13, 2016

Law lecturer Lorraine FinlayIn an article for The Conversation, Lorraine Finlay from Murdoch’s School of Law unravels the complex legalities of whether One Nation’s lead Senate candidate in WA, Rod Culleton, is eligible to stand for election.

Culleton was convicted of larceny in New South Wales in March and a warrant has been issued requiring him to appear for sentencing. He is also facing trial in Perth next month for stealing.

“After receiving the fourth-highest overall group vote in WA, Pauline Hanson’s One Nation Party is seen as the favourite to secure the final WA Senate position when results are declared in coming weeks,” Finlay reports.

“If Culleton is deemed ineligible, it has been suggested this could result in a casual vacancy being declared under Section 15 of the Constitution, or even a supplementary Senate election in WA. But neither of these scenarios appears likely.

“Based on precedent, the most likely outcome is that the second-listed One Nation candidate would effectively be treated as though they were the lead candidate. In the present situation, this would mean that if One Nation did win the final WA Senate spot, Culleton’s brother-in-law, Peter Georgiou, would be declared elected in his place.”

The full article is printed here.

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Media contact: Pepita Smyth
Tel: (08) 9360 1289  |  Mobile: 0417 171 551  |  Email: p.smyth@murdoch.edu.au
Categories: General, Research, School of Law Research
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