Yesterday’s outrageous claim made by Danny Nalliah on the Victorian bushfire disaster being “a result of the incendiary abortion laws which decimate life in the womb” caused questions to be asked about Family First – particularly in light of Nalliah being second on the Family First Victorian Senate ticket behind Senator Steven Fielding in the 2004 election.
If Senator Fielding was, say, beaten to death by Chris Evans in pure frustration over the stimulus plan negotiations – who would fill the vacancy that such a robust set of negotiations would create?
The answer is not Danny Nalliah.
Senator Fielding has responded to the Danny Nalliah remarks and the question of any hypothetical Senate vacancy.
They are an insult to the families who perished in the Victorian bushfires and their grieving friends and families.
At this immensely difficult time these communities need support and the
prayers of their fellow Australians, not condemnation.Mr Nalliah has not been a member of Family First for the past five
years and we have no links to him.
As Family First no longer have any connection with Danny Nalliah, the party would nominate a successor to any hypothetical vacancy and Crikey has been assured that any nominee would most certainly not be the ghoulish Pastor from Catch The Fire.
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So that would mean Nalliah was not a member of Family First when he stood as a candidate for them in the same election as Fielding won his seat?
If Nalliah’s membership wasn’t renewed in 2004, one would imagine it lapsed in the small amount of time between the end of the 04 election and the beginning of 2005.
So saying, stranger things have happened!
Of course Fielding will supply evidence to support and justify what would otherwise be an escariotic denial of his latter day Messiah?
Of course Fulvio, I’m sure Crikey’s onto it right now, aren’t you Crikey
He didn’t actually need to be a member of Family First at all. Pre-selection for Senate tickets is a matter entirely for a party’s constitution and has nothing to do with the electoral act. In line with the Heather Hill and Robert Woods cases, had Fielding been declared inelligible to take his seat, then Nalliah would have been declared elected in his place even if he hadn’t been a member of the party.
If Fielding resigned, the casual vacancy provisions of Section 15 of the Constitution would apply. The State Governor/Parliament would fill the vacancy with the requirement the new Senator must be a member of the party and still be a member when they take their seat. Whether the person was a member would depend entirely on how the party defined membership.
The reference to Senate replacements being from the same party does not necessarily relate to registered parties. The word ‘party’ as used in Section 15 of the Constitution has no definition and was inserted in 1977 before party registration was introduced into the Electoral Act in 1984. The High Court would interpret the meaning of party more broadly than just registered parties. It would apply equally to unregistered parties.
If there was a dispute over whether someone was a ‘member’, say a challenge by other members of the party, then the whole thing would have to be decided by the Courts before anyone could take their seat.
I also give him marks for his passionate plea for more jobs programmes in the ESP. He is ahead of Xenophon in that respect, and Mr X is not going to get my senate vote next time unless he starts to display more concern for those ignored by the major parties.
Well, Fielding may no longer have any political connection with this loathesome little turd, but to quote the gunslinger in Silverado, that Kasdan western:
“And you used to ride with this guy?”
Andrew Crook in Crikey today seems to have misunderstood my point. I wonder why he din’t just ring me. Nalliah cannot be appointed to any possible Fielding’s vacancy unless he is put forward by Family First. Full stop, no possible court challenge.
I’ve amended the par. Sorry for the confusion Antony — I was attempting to quote the Act, but re-reading the sentence I can see where the confusion lied.