Letter: Begs the Question of Johnsen

Suppose you read the latest story in the Oz.

“Two Nick Xenophon Team candidates could be disqualified if their bid for the lower house is successful, costing taxpayers more than $1 million to hold by-elections.

Karen Hockley, who is contesting Boothby in South Australia’s southern suburbs, and Andrea Broadfoot, standing for Grey in the state’s far north, both remain local councillors, having refused to resign during the campaign.

Legal experts believe both candidates could be in breach of the Constitution, which states any person who holds “an office of profit under the crown” is disqualified from “being chosen or of sitting as a … member of the House of Representatives”.

University of NSW constitutional expert George Williams said there was a good chance that, if challenged in the High Court, the election of a local government councillor to parliament would be ruled invalid under section 44 of the Constitution.

“It genuinely is a grey area but if you consider that local government areas are controlled by the state government, they are not completely independent.”

University of Sydney professor Anne Twomey said the question had never been substantially dealt with by the High Court.

“It is only useful if it is a marginal seat as it will cause a by-¬election. If it is safe, that person would be re-elected and it would just cost taxpayers a lot of money,” she said. A federal by-election costs more than $1m.

Senator Xenophon said the suggestion of a constitutional barrier to councillors standing for parliament was part of “a mischievous scare campaign”.

A Labor spokesman said the party required its candidates to ¬resign from council before nominating for election “out of deference to the Constitution”. The Liberal Party declined to comment. As councillors, Ms Hockley is paid $19,000 a year and Ms Broadfoot receives $12,000.

Ms Broadfoot yesterday said her payment was an allowance or reimbursement for her time, rather than an income: “I have maintained integrity with my work and in no way have I compromised it.”

Port Lincoln Mayor Bruce Green said Ms Broadfoot was still working as a councillor.

“I certainly talked to her about it but I think it’s fairly clear that there is no need to resign,” he said.

Mitcham Mayor Glenn Spear, who has been outspoken about his opposition to councillors standing for parliament, confirmed Ms Hockley was still on council and had taken leave. In an open letter, he called for any serving councillor standing for state or federal parliament to resign from council.

“I hold a very firm belief that local council should not be a playground for those who seek political gain,” he wrote.

“This issue goes far beyond just Mitcham Council and has become a pertinent issue for anybody who runs for a position … in local government elections.”

Greens candidate Samantha Ratnam, the Mayor of Moreland, has also taken unpaid leave while she campaigns for Wills, which is in play with the retirement of Labor MP Kelvin Thomson.

Victorian Greens state director Larissa Brown said advice from the Senate clerk supported the party’s view councillors did not hold an office of profit under the crown.

Labor’s candidate for Boothby, Mark Ward, resigned from the Mitcham Council last month, saying he wanted to commit fully to running for a federal seat.

Roy Morgan polling between April and this month showed both NXT candidates polling strongly, with 26.5 per cent of the vote in Grey and 20 per cent in Boothby.”

Begs the question on Michael Johnsen!!!!!!!!!!!!

Sincerely,

Des Dugan.