Senate debates

Monday, 13 November 2017

Questions without Notice

Qualifications of Members and Senators

2:02 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Yes, I can. Following the decision of the cabinet last week, the government has this morning, as you know, introduced a resolution into the chamber which we hope will be accepted by other honourable senators. The government is firmly of the view, as the Prime Minister has repeatedly said, that it is a matter for each individual member and senator to assess their own eligibility and, if they cannot satisfy themselves that they are eligible, to resign, just as, most recently, the former member for Bennelong, Mr John Alexander, did.

To facilitate members' and senators' due diligence, the government has moved a motion today to require senators to provide a declaration to the Registrar of Senators' Interests. The declaration requires senators to set out key information regarding their personal circumstances, including their birth and the circumstances of their parents and grandparents. Senators will appreciate that making a declaration to the Registrar of Senators' Interests is a serious matter and, while we understand that honourable senators and members can only declare to the best of their knowledge and belief, nevertheless making false or misleading statements on such a declaration constitutes a serious contempt. I am sure—at least I am hopeful—that senators will treat this process with the respect it deserves. Provision of this information will allow each house of parliament to determine as appropriate whether a parliamentarian should be referred to the High Court, recognising that in the end only the High Court can authoritatively determine the eligibility of parliamentarians. But let me stress, because it can't be said often enough, that the burden lies upon the individual member or senator who becomes aware of circumstances disqualifying them under section 44 to initiate their resignation.

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