Rod Culleton’s Senate career nearing its end
The Australian 12:00AM January 11, 2017
Rosie Lewis
Bankrupt farmer Rod Culleton’s brief parliamentary career is within days of being over as Senate president Stephen Parry prepares to advise the West Australian Governor of a vacancy to be filled in the upper house.
The Australian can reveal that Senator Parry has rejected the West Australian senator’s request to “urgently” recall the Senate to resolve his status, following the Federal Court’s decision last month to declare him bankrupt. The court ordered a stay of 21 days before the orders come into effect but this will be lifted on Friday.
Senator Parry is waiting for the court to formally notify him of the bankruptcy and will set in train the necessary steps to eject Senator Culleton, who quit One Nation before Christmas, from the Senate and open up a casual vacancy for his seat.
Senator Culleton, who has denied he is bankrupt and is preparing to lodge an appeal against the ruling, had demanded Senator Parry recall the Senate to resolve his status as a senator following the court’s decision to seize his estate but The Australian can reveal that the presiding officer has rejected his request.
Senator Parry said he had no grounds to agree to Senator Culleton’s request for an urgent recall of the Senate, before parliament’s scheduled return, as the Senate president could do so only at the request of the government for “urgent government business” or if an absolute majority of senators asked to bring forward the sitting.
“I have not received any such request,” Senator Parry said.
“The Constitution gives no discretion to the Senate to disregard a disqualifying event (such as bankruptcy).”
Government sources said Senator Culleton, who had a very public falling out with One Nation leader Pauline Hanson, was “gone” and “highly unlikely” to return to the upper house as a politician.
The Australian understands Senator Culleton technically stopped being a senator last month when he was declared bankrupt over his failure to pay a $280,000 debt to Perth businessman Dick Lester, a former director of Wesfarmers.
Senator Parry said notifying state Governor Kerry Sanderson of the vacancy did not “end the matter”, as the High Court, sitting as the Court of Disputed Returns, would still have to rule on how a vacancy was filled.
The court could decide the vacancy should go to One Nation’s No 2 candidate on the state ballot paper, Peter Georgiou, who is Senator Culleton’s brother-in-law and a small-business owner.
Senator Culleton has vowed to support Mr Georgiou “in any capacity” and has flagged working as his chief of staff, meaning he could continue to be a headache for Senator Hanson in Parliament House.
There could also be a recount that catapults a candidate from another party into the seat, but under a casual vacancy One Nation would be able to choose any eligible person as Senator Culleton’s successor.
Senator Culleton’s chief of staff Margaret Menzel said she expected he would keep his job. “We’re focused 100 per cent right now on ensuring every minute of his time as a senator will be spent addressing the concerns and needs of his constituency, as he’s done to date,” Ms Menzel said.
Senator Hanson, who has described Senator Culleton as a “pain in my backside” and claimed he did not like her authority, said she would not discuss any possible replacement until the High Court handed down its judgment.
The High Court was asked to decide whether Senator Culleton should be evicted from the Senate after he was convicted in absentia of a larceny charge — a crime carrying a sentence of one year or more — at the time of last year’s July 2 election. The conviction was later annulled.
The High Court is expected to make its ruling before parliament returns on February 7 but it does not resume its own sittings until January 30.
The Australian understands Senator Culleton has several weeks to launch an appeal against the bankruptcy order but sources said it would have little impact on the overall outcome.