It's not easy being green

Discussion in 'Four Corners' started by butchmcdick, Jul 14, 2017.

  1. butchmcdick

    butchmcdick Guest

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    WA Greens senator Scott Ludlam has resigned after realising he has been ineligible under the constitution to sit as a senator for the past nine years because he holds dual citizenship.

    Key points:
    • Scott Ludlam held dual citizenship which made him ineligible to sit as a senator
    • He has resigned and says he will not fight to stay on in Parliament
    • Mr Ludlam takes responsibility for the "ridiculous oversight"


    The Senate is expected to refer the matter to the High Court for its consideration, but the rules appear clear cut and it is likely his election will be ruled invalid.

    Section 44 of the constitution disqualifies potential candidates from election to the Parliament of Australia if they hold dual or plural citizenship, and under the rules Mr Ludlam should have renounced his New Zealand citizenship before he nominated for pre-selection 10 years ago.

    Mr Ludlam, 47, who was also co-deputy leader, was elected to the Senate at the 2007 federal election, with his term beginning in August 2008.

    In November last year, Mr Ludlam announced he would take a leave of absence from Parliament to treat depression and anxiety.

    Ludlam admits responsibility, unreservedly apologises
    Mr Ludlam has apologised unreservedly for what he said was his mistake and a "ridiculous oversight".

    "This is my error, something I should have checked when I first nominated for pre-selection in 2006," he said.

    "It never occurred to me as someone who left the country [New Zealand] as a three-year-old, [as someone who] has never really considered it home.

    "This town is home. I have been here since 1978. It never crossed my mind that citizenship might be something that sticks to you in that way."

    [​IMG] Photo: Scott Ludlam told reporters he was not going to "dig his heels in". (ABC News: James Carmody)


    Mr Ludlam said he had decided against fighting to stay on.

    "I could have dug my heels in. But it creates a messy and protracted dispute. That section of the constitution is crystal clear and it has been tested before by others," he said.

    "It is not something that I particularly want to put myself, my staff or my party through. This is probably a cleaner way to just make a break.

    "I am personally devastated to learn that an avoidable oversight a decade ago compels me to leave my colleagues, supporters and my wonderful team."

    'It is the end of the line'
    Mr Ludlam said the situation was brought to their attention a week ago while he was overseas by someone who had "done the digging, for whatever reason".

    "If I had known I would have dealt with it way before," he said.

    "It took a couple of days to confirm with the New Zealand High Commission that that was the case.

    "We have had 48 hours or so to do due diligence and make sure our understanding of the legal situation is clear and make sure my staff entitlements are taken care of.

    "It is the end of the line."

    Ludlam could be forced to repay salaries, allowances
    There are some recent examples of the High Court ruling senators' elections invalid, including former Family First senator Bob Day and former WA One Nation senator Rod Culleton.

    In both cases, their elections were declared invalid under the constitution and the court ordered the replacements be filled by a recount of ballots.

    The subsequent countbacks resulted in the next person on their parties' Senate tickets being elected, which is most likely what the Greens will be hoping happens in this latest situation involving Mr Ludlam.

    Assuming a countback results in the third Greens Senate candidate being elected, that would see Jordon Steele-John fill the vacancy.

    In the cases of Mr Day and Mr Culleton, the federal Department of Finance did seek to have them repay all of their salaries and allowances during the time they were invalidly elected.

    The Government ultimately decided to waive Mr Day's debts, but those cases appear to raise the possibility that attempts could be made to force Mr Ludlam to repay the salaries and allowances he has earned over nine years as a senator.

    http://www.abc.net.au/news/2017-07-...-resign-constitution-dual-citizenship/8708606
     
  2. Pete Cash

    Pete Cash Immortal

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    It is not easy supporting a team in green hur

    But as for the actual story its pretty ridiculous that nobody noticed over 9 years he wasn't eligible to hold the position.
     
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  3. millersnose

    millersnose Post Whore

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    even more ridiculous is that anyone gives a flying farg
     
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  4. butchmcdick

    butchmcdick Guest

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    What ?
     
  5. Jimbo

    Jimbo Immortal

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    Whoops
     
  6. Pete Cash

    Pete Cash Immortal

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    Bloody kiwis coming over here and bludging off our parliamentary salaries
     
  7. DC_fan

    DC_fan Coach

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    I thought New Zealand was an Australian state!
     
  8. mave

    mave Bench

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    This would be funnier if he was a QLD senator.
    Shame.
     
  9. thorson1987

    thorson1987 Coach

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    f**king Kiwis taking our jobs
     
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  10. myrrh ken

    myrrh ken Bench

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  11. Bandwagon

    Bandwagon Coach

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    It is a pretty poor oversight, particularly when considered alongside the brouhaha around Abbott and his British citizenship a few years ago.
     
  12. Jimbo

    Jimbo Immortal

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    That's different
     
  13. Bandwagon

    Bandwagon Coach

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    Well it is in as much as that it is unsubstantiated, however it would have served as a timely reminder one would have thought.
     
  14. 2_Smoking_Guns

    2_Smoking_Guns First Grade

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    lucky for Abbott it wasn't the Greens or Labor questioning his eligibility that got him removed from the PM'ship then hey..... although if the Russian's had evidence that he was ineligible it would've been okay....
     
  15. Pete Cash

    Pete Cash Immortal

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    Its pretty funny that beause its going to be decided by a countback some 22 year old kid who was down the card for the greens is getting in.

    If it was a vacancy the greens would have tried to get someone more high profile in probably

    EDIT

    Actually if the greens wanted to they could try and get the kid to resign and have Ludlam renounce his NZ citizenship and just put him straight back in. Obviously they couldnt force the kid to do it and I personally would tell them to f**k off and cash in that sweet senator money but its an option
     
  16. Pete Cash

    Pete Cash Immortal

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    Nah the government will almost certainly waive the request to get him to pay back his salary. For one thing he has been serving as a senator diligently and they also dont try and f**k each other too hard because there is always the lurking fear that they might be f**ked one day
     
  17. bazza

    bazza Coach

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    What should the eligibility rules be for parliament? The same as the national rugby league team?
     
  18. Lynoman

    Lynoman Bench

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    https://www.theguardian.com/austral...s-greens-senator-dual-citizenship-with-canada

    Larissa Waters has resigned from the Senate after revealing she holds dual citizenship with Canada.

    The co-deputy leader’s resignation comes after Greens senator Scott Ludlam discovered he held dual citizenship with New Zealand and resigned last week. The constitution bars dual citizens from eligibility for election, unless they can show they have taken reasonable steps to sever foreign ties.

    Waters was born in Canada to Australian parents who were studying overseas and came to Australia when she was a baby, growing up in Brisbane. She has not returned to Canada since she was 11 months old.

    Waters was elected to the Senate in 2010 and recently made headlines as the first woman to breastfeed in Australian parliament.

    Her departure will trigger a Senate countback which could install the next candidate on the Greens ticket for Queensland, Andrew Bartlett, in the parliament. Bartlett was a member of the Senate for the Australian Democrats from 1997 to 2008 and held the leadership from 2002 to 2004.



    What a rabble.
     
  19. Desert Qlder

    Desert Qlder First Grade

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    The greens are a pack of idiots.
     
  20. age.s

    age.s Bench

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    Lol commies.
     

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