The High Court, sitting as the Court of Disputed Returns, has decided a matter referred to it by the President of the Senate over the validity of the election of Senator Culleton. Culleton was elected as a Senator for the State of Western Australia in July 2016. In March 2016, prior to his nomination and election, he was convicted in his absence of larceny in a NSW court, and was liable to be sentenced to up to two years imprisonment. In August 2016, after his election, Culleton was brought before the court, which annulled the earlier conviction and heard the matter afresh, found him guilty on his own plea, and then dismissed the charge without convicting him of the offence. In November 2016 the President of the Senate referred the matter of Senator Culleton’s eligibility to the Court of Disputed Returns (see at [10]–[12]).

Section 44(ii) of the Constitution provides that ‘Any person who:

has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer … shall be incapable of being chosen or of sitting as a senator.

The Court unanimously held that because Culleton had been convicted of and was subject to be sentenced for an offence punishable by imprisonment for a year or longer, s 44 operated to disqualify Culleton from being elected Continue reading →