Senate debates

Thursday, 16 November 2017

Questions without Notice

Attorney-General, Qualifications of Senators

2:00 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. Earlier this month, when asked whether he had rendered Ms Hollie Hughes ineligible to be elected as a senator by appointing her to the Administrative Appeals Tribunal, the Attorney-General replied: 'No.' Given the High Court's decision yesterday, how many times has the Turnbull government's first law officer now got it wrong?

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

For reasons that I'm sure you will understand, it is not my practice to comment on decisions of the High Court which I have not read. Senator Collins, you may or may not be aware that the High Court has not published its reasons for judgement, so I won't be commenting on the reasons for judgement of the court which have not yet been published.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Collins, a supplementary question.

Senator Cameron interjecting

Order on my left! Senator Collins is on her feet.

2:01 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

My question was: how many times now has the chief law officer got it wrong? What communication did the Attorney-General or his office have with Ms Hughes about her constitutional eligibility to sit in the Senate following Senator Nash's referral to the High Court and the subsequent court decision?

2:02 pm

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

I don't comment on private conversations with colleagues.

Senator Jacinta Collins interjecting

Conversations I have with colleagues are private conversations, Senator Collins. Ms Hughes took legal advice from those retained, as I understand, by the New South Wales Liberal Party. My advice came from those retained to act on behalf of the Commonwealth of Australia—namely, the Solicitor-General.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Collins, a final supplementary question.

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

Is the first law officer of Australia as confident about the eligibility of the rest of the New South Wales coalition Senate ticket as he was about Ms Hughes?

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

Let me see this fine body of men and women. I'm extremely confident about Senator Fierravanti-Wells. I'm extremely confident about Senator Payne. Who else do we have here representing the coalition? I'm extremely confident about Senator John—

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

A point of order, Senator Cameron?

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Yes, on relevance. The question went directly to the ticket that the High Court is now going through, one by one.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Brandis was being directly relevant, given that at the last election all senators were up for election.

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

As for Senator John 'Wacka' Williams, I'm extremely confident about him. In fact, I'm extremely confident about all of my colleagues.