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| Andrew Bartlett's university role raises questions over Greens candidate's eligibility | Andrew Bartlett's university role raises questions over Greens candidate's eligibility |
| (21 days later) | |
| Andrew Bartlett – the candidate likely to replace the outgoing Greens senator Larissa Waters – says he is confident he is eligible to sit in the parliament despite having a university position when he was nominated for the Queensland Senate ticket. | Andrew Bartlett – the candidate likely to replace the outgoing Greens senator Larissa Waters – says he is confident he is eligible to sit in the parliament despite having a university position when he was nominated for the Queensland Senate ticket. |
| Questions were raised on Thursday about Bartlett’s capacity to replace Waters because section 44 of the constitution says people are ineligible to stand in either chamber if they hold an office of profit under the crown. | Questions were raised on Thursday about Bartlett’s capacity to replace Waters because section 44 of the constitution says people are ineligible to stand in either chamber if they hold an office of profit under the crown. |
| Bartlett dismissed the concerns. “It is not correct to assert that a university position is an office of profit under section 44,” he said. | Bartlett dismissed the concerns. “It is not correct to assert that a university position is an office of profit under section 44,” he said. |
| “We’ve had strong advice to the contrary for some years and people have been elected to parliament previously without resigning their university position.” | “We’ve had strong advice to the contrary for some years and people have been elected to parliament previously without resigning their university position.” |
| Here is my full response to questions about a position I held at ANU when I was nominated for the Senate ticket. pic.twitter.com/LGuLIRzXmr | Here is my full response to questions about a position I held at ANU when I was nominated for the Senate ticket. pic.twitter.com/LGuLIRzXmr |
| A memo from the National Tertiary Education Union circulated to potential political candidates says it is “unable to give any absolutely definitive advice on the question of university staff, as the specific issue has never been the subject of judicial consideration”. | A memo from the National Tertiary Education Union circulated to potential political candidates says it is “unable to give any absolutely definitive advice on the question of university staff, as the specific issue has never been the subject of judicial consideration”. |
| The NTEU’s advice says courtesy of the restrictions imposed by section 44, it is “generally accepted that this means that public servants, and a number of others, are precluded”. | The NTEU’s advice says courtesy of the restrictions imposed by section 44, it is “generally accepted that this means that public servants, and a number of others, are precluded”. |
| “In the 1990s the election of Phil Cleary in the seat of Wills was challenged in the high court. At the time of his election, Cleary was a Victorian state teacher on leave without pay. The high court nevertheless held that he was disqualified because he was employed by the Victorian government – a manifestation of the crown”. | “In the 1990s the election of Phil Cleary in the seat of Wills was challenged in the high court. At the time of his election, Cleary was a Victorian state teacher on leave without pay. The high court nevertheless held that he was disqualified because he was employed by the Victorian government – a manifestation of the crown”. |
| It says subsequent to that case, Michael Organ, who was employed by the University of Wollongong, was elected to federal parliament in 2002, and was “not challenged in court, despite the obvious potential advantage to his adversaries in doing so”. | It says subsequent to that case, Michael Organ, who was employed by the University of Wollongong, was elected to federal parliament in 2002, and was “not challenged in court, despite the obvious potential advantage to his adversaries in doing so”. |
| The memo says the union cannot provide definitive advice on the question, but it says “the fairly overwhelming weight of opinion is that university staff do not hold an office of profit under the crown, as universities are not the crown, and that therefore university staff are not precluded from seeking election”. | The memo says the union cannot provide definitive advice on the question, but it says “the fairly overwhelming weight of opinion is that university staff do not hold an office of profit under the crown, as universities are not the crown, and that therefore university staff are not precluded from seeking election”. |
| It points to a decision by the Australian Industrial Relations Commission on a higher education award which found that universities, for the purposes of that determination, were not “the crown” – but it says the advice provided in the memo is “general only and is not definitive”. | It points to a decision by the Australian Industrial Relations Commission on a higher education award which found that universities, for the purposes of that determination, were not “the crown” – but it says the advice provided in the memo is “general only and is not definitive”. |
| Given universities and local governments are a grey area, due to a lack of relevant case law, Labor has a policy of requiring university staff to resign before running out of an abundance of caution. | Given universities and local governments are a grey area, due to a lack of relevant case law, Labor has a policy of requiring university staff to resign before running out of an abundance of caution. |
| Labor sources say its private legal advice suggests staff of public universities could fall foul of the constitutional provision, and are exposed also if they have research contracts with the commonwealth. | Labor sources say its private legal advice suggests staff of public universities could fall foul of the constitutional provision, and are exposed also if they have research contracts with the commonwealth. |
| Anne Aly resigned from Edith Cowan University before nominating in 2016, and Andrew Leigh resigned from the Australian National University in 2010. | Anne Aly resigned from Edith Cowan University before nominating in 2016, and Andrew Leigh resigned from the Australian National University in 2010. |
| The ALP’s acting national secretary, Paul Erickson, said: “The Labor party works closely with all our candidates to ensure that their nomination is sound and compliant with the constitution. This is a critical part of our nomination processes.” | The ALP’s acting national secretary, Paul Erickson, said: “The Labor party works closely with all our candidates to ensure that their nomination is sound and compliant with the constitution. This is a critical part of our nomination processes.” |
| The potential question mark over Bartlett compounds a difficult few weeks for the Greens, with the loss of the two senators and a running fight between the party’s New South Wales division and the national leadership triggered by an internal row over the Gonksi 2.0 schools funding debate. | The potential question mark over Bartlett compounds a difficult few weeks for the Greens, with the loss of the two senators and a running fight between the party’s New South Wales division and the national leadership triggered by an internal row over the Gonksi 2.0 schools funding debate. |
| The Greens will be unable to start the formal legal process of settling the replacements for Waters and the West Australian senator Scott Ludlam until parliament resumes on 8 August, because referring their cases to the high court requires a resolution of the Senate. | The Greens will be unable to start the formal legal process of settling the replacements for Waters and the West Australian senator Scott Ludlam until parliament resumes on 8 August, because referring their cases to the high court requires a resolution of the Senate. |
| The Greens national council will also meet again this weekend to consider the dispute between NSW and the national leadership. | The Greens national council will also meet again this weekend to consider the dispute between NSW and the national leadership. |