Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

I did not hear the reference to a High Court challenge in your initial question. We are very confident that our reform proposal is consistent with all of the relevant requirements in the Constitution. That is the advice that we have. We are very confident that this legislation is entirely consistent with the requirements in the Constitution. The point that Mr Mackerras has raised in relation to these matters in evidence in front of the Joint Standing Committee on Electoral Matters was that, in his view, since 1984 every single Senate election has been in breach of the Constitution. I am not sure whether he is a constitutional lawyer, but the High Court has never agreed with him. Indeed, he was complaining about the fact that the High Court did not agree with him when it was tested in the High Court, but in his view, for what it is worth, every Senate election since 1984 has been unconstitutional because senators have not been directly elected when voting for parties above the line.

The truth is that under our reforms voters will be more empowered to directly determine who is ultimately elected as a result of their vote, because voters will have the opportunity—