Katy Gallagher: Experts want Labor senator’s citizenship claim tested

Sharri Markson, The Daily Telegraph

August 29, 2017 7:44pm
http://www.dailytelegraph.com.au/news/nsw/katy-gallagher-experts-want-labor-senators-citizenship-claim-tested/news-story/5e50a2205d09ac09eb26e9f241a61caa

CONSTITUTIONAL experts have called for Labor’s Katy Gallagher to be referred to the High Court for a ruling on whether she is an Ecuadorean citizen who is disqualified from parliament.

The Daily Telegraph revealed yesterday Ms Gallagher, one of the Opposition’s key attack dogs against the government on citizenship, is eligible for Ecuadorean citizenship under the South American country’s constitution because her mother was born there.

Professor of public law at the University of Sydney and accredited expert on Australian immigration law, Professor Mary Crock, said Ms Gallagher should be referred to the High Court, saying the Ecuadorean constitution was “pretty clear.”

Labor’s Katy Gallagher is the latest in the citizenship sting.

“It seems pretty clear. Even if you accept that that change occurred in 2008, she was elected in 2015 so I think this is a very unusual situation. She may be in trouble,” Prof Crock said. “The others are being referred and, of course, this has to be referred to the High Court.”

Constitutional expert and Dean of the Law Faculty at the University of New South Wales, Professor George Williams, said Ms Gallagher’s case had raised reasonable questions, similar to One Nation Malcolm Roberts’ and Nick Xenophon’s citizenship.

“There’s enough there that there are questions that need to be answered,” he said.


“I’ve looked at the material myself and I think what I said on a similar circumstance involving Malcolm Roberts was there was sufficient information there. It does require further investigation.


“Labor may provide more documents or provide clarity and also confidence in this area. If that doesn’t happen, then yes you would expect as with the other cases, there is enough there to be examined by the High Court.”

Prior to The Daily Telegraph’s revelations yesterday, Ms Gallagher had not sought legal advice about whether she could be an Ecuadorean citizen.

Yet Opposition Leader Bill Shorten refused to refer Ms Gallagher to the High Court for clarity on her case despite his party being unable to produce any evidence to support their claim that the Ecuadorean constitution is not retrospective­.

Katy Gallagher’s mother’s arrival card into Australia which shows the senator was born in Ecuador in South America.

Former prime minister Tony Abbott said “of course” Mr Shorten should refer Ms Gallagher to the High Court.

“If he were fair dinkum that’s what he’d do,” he said. “Shorten’s double standards here are outrageous and show you can’t trust Labor.”

Tony Abbott said “of course” Mr Shorten should refer Ms Gallagher to the High Court.. Picture: Jason Edwards

Ms Gallagher said the circumstances of her mother’s birth and citizenship were investigated “as part of the ALP vetting process”.

“As a result of these investigations it was determined that I had not obtained Ecuadorean citizenship by descent from my mother,” she said.

Prof Crock said even if Ms Gallagher did not actively apply to become an Ecuadorean citizen, the fact she was entitled to hold it would breach Australia’s constitution. “I think she’s caught very innocently by the change in law and probably not aware of it,” she said.

Glitter Strip Bare: Gold Coast news and gossip

Member for Gaven Sid Cramp contemplates his future, which may not involve politics if a preselection vote tomorrow fails to go his way.

Greg Stolz & Jeremy Pierce, The Courier-Mail
August 29, 2017 12:00am
http://www.couriermail.com.au/entertainment/confidential/glitter-strip-bare-gold-coast-news-and-gossip/news-story/e8b5e8dfa2dd82038b95814a04630dd7

EXPLOSIVE video of a Gold Coast MP embroiled in a fiery neighbourhood spat will be shown to voters at a special preselection ballot tonight.

Member for Gaven Sid Cramp is seeking the endorsement of his electorate branch members to contest the looming election for the LNP, but he may struggle to get there, despite standing as an unopposed candidate.

Glitter Strip Bare understands branch members will be given the option to vote “no candidate” at tonight’s meeting, which would allow other contenders to throw their hats into the ring.

Making the assignment even tougher for Mr Cramp is the likelihood that branch members will be shown video footage of the neighbourhood dispute before tonight’s vote.

The LNP is in possession of two versions of the footage, one taken by Mr Cramp and another by the other party in the fiery confrontation.

It is understood there are differences between the two videos.


Gaven is viewed as a winnable seat by Labor, with the impressive Meaghan Scanlon emerging as a serious contender.

If the LNP branch members vote not to endorse Mr Cramp as the party’s preferred candidate, expect to see a couple of interesting alternatives step forward in the coming weeks.

Queensland’s LNP forced to reveal donors

LNP president Gary Spence. Picture: Annette Dew

The Australian
8:13PM August 21, 2017
Michael McKenna
Reporter Brisbane @McKennaattheOz
http://www.theaustralian.com.au/national-affairs/state-politics/queenslands-lnp-forced-to-reveal-donors/news-story/a65defac27c5947c467755462a438e71

Queensland’s Liberal National Party has been hit with legal action by the state’s electoral commission to force the party to disclose the source of more than $100,000 in donations.

In an extraordinary move, the Electoral Commission of Queensland has filed the Supreme Court law suit after a two-year tussle with the LNP over its failure to reveal the identities of the donors.

The action is set to explode in state parliament on Tuesday with the Palaszczuk government previously accusing the LNP of trying to hide the source of the 28 donations — which range from $1100 to $10,000.

The donations were made in 2014 after the LNP Newman government had raised the declaration threshold from $1000 to $12,800, and the donations did not have to be declared.

But after Labor won power in 2015, the Palaszczuk government reversed the declaration limit back to $1000 and made the changes retrospective, requiring the donations be declared and the LNP resubmit its return to the ECQ.

The LNP has previously claimed it could not find the names of donors with some of the donations which were made as bank deposits with no identifying details included in the transfer.

In 2015, Electoral Commissioner Walter van der Merwe told a Budget Estimates hearing that he was seeking Crown law advice on the issue.

“We have requested that information. The LNP said that information was not available. But we will pursue it,’’ Mr van der Merwe said at the time.

LNP president Gary Spence could not be contacted on Monday night.


The action was filed in the Supreme Court last month, and will be the subject of a directions hearing on Tuesday.

Former LNP president Bruce McIver has previously said the LNP had made every effort to declare the donations.

“The 28 donations were just some of more than $4.7 million worth of donations made to the party last year,” Mr McIver said.

“The LNP has made every effort to comply with Labor’s retrospective laws and provide names of donors during the period when the higher threshold existed.

“In a comparatively small number of cases because names were not required to be recorded at the time, the Electoral Commission of Queensland has accepted that it has not been possible to provide some names.’’

One Nation wants Queensland to hand over $2.4b of its GST to WA

Jessica Marszalek, EXCLUSIVE, The Courier-Mail
August 20, 2017 12:00am
http://www.couriermail.com.au/news/queensland/queensland-government/one-nation-wants-queensland-to-hand-over-24b-of-its-gst-to-wa/news-story/b6bf9715d8c743a24e9300ffca94c0e6

ONE Nation has proposed new GST funding model to a Commonwealth review that would cost Queensland a whopping $2.4 billion in just one year.

The party’s WA branch has written to the Productivity Commission asking for the Federal Government to unilaterally abolish the current system without the agreement of states and distribute GST payments on a new, per capita basis.

Analysis of the Commonwealth Grant Commission’s own figures shows such a move would cost Queensland $2.4 million in 2017-18 alone.

One Nation leader Senator Pauline Hanson was caught out backing moves to rob Queensland of GST revenue in order to give it to WA.

The suggestion follows a political storm during WA’s election in March when One Nation Leader Pauline Hanson was caught out backing moves to rob Queensland of GST revenue in order to give it to WA.

At the time, Senator Hanson denied her WA leader’s assertions that she had backed a plan to reduce Queensland’s allocation for the benefit of WA, but audio of a Perth radio interview in January emerged showing she had.

Under determinations by the Commonwealth Grants Commission, WA gets 30¢ in every dollar of GST raised in the state (about $2 billion a year), while Queensland receives $1.17 ($14.3 billion).

The One Nation submission, signed by WA state president Doug Shaw and WA leader Colin Tincknell, demands the Horizontal Fiscal Equalisation method — which takes into account a state or territory’s capacity to raise revenue in distributing GST — be abandoned.

Although the Commonwealth and states have long argued national consensus is needed to change the GST carve up, One Nation relies on Parliamentary Library advice that Treasurer Scott Morrison can “simply direct the Commonwealth Grants Commission” to change the model.

One Nation state leader Steve Dickson said the WA branch of the party was free to make its own arguments.


“I will be fighting for everything Queensland deserves,” he said.

But Opposition Leader Tim Nicholls said One Nation had been caught out “trying to rip off Queenslanders with voodoo economics”.

“One Nation’s GST proposal would mean less money for our roads, hospitals and schools,” he said.

“It would mean higher taxes.

“You can’t represent Queenslanders when you want to rip away their GST — it’s disgraceful.”
Treasurer Scott Morrison tasked the Productivity Commission with the inquiry in April after continuing calls by WA MPs that the current system is treating their state unfairly.


Both Labor and the LNP oppose any move to change the current system, which recognises the difficulty of funding services across such a decentralised state.