Sue Lines (President) Share this | Link to this | Hansard source

I indicated this morning that I would make a statement to the chamber. I intend to do that now. I was asked by the Leader of the Opposition in the Senate, Senator Birmingham, to make a statement to the chamber on the constitutional requirements for senators to make and subscribe an oath or affirmation of allegiance. I sought the advice of the Clerk when this matter first arose. My statement today will echo the response given when this matter was examined at the finance and public administration estimates hearing last month.

Senators make and subscribe the oath or affirmation by reading aloud the prescribed words, which are provided to each senator on a card for their convenience, and by further signing the Test Roll in the column containing the relevant text. As President, when administering the oath or affirmation, I countersign the Test Roll to confirm the oath or affirmation was made and subscribed before me on a particular date. In doing so, I attest to its validity.

Making and subscribing the oath or affirmation is a prerequisite to senators taking their seats. It follows that the question of whether the constitutional requirement has been met must be determined by an objective assessment of the facts at the time a senator is sworn in. On 1 August 2022, by any objective assessment, Senator Thorpe made the affirmation in the form required by the Constitution and subscribed that affirmation in the Test Roll. The requirement to make and subscribe the oath or affirmation is in section 42 of the Constitution. As I have mentioned, this is a prerequisite to senators taking their seats in the Senate following their election. It does not affect the eligibility of a senator to remain in office.

As senators will appreciate, the subsequent adherence to the oath or affirmation of allegiance does not forgo the qualification or the disqualification of senators. The only grounds for this are those set out at sections 44 and 45 of the Constitution. Senators will be aware that this and related matters have been referred to the Procedures Committee. I advised Senator Thorpe that I was also making this statement. I thank the Senate.