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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-11-01 Daily Xml
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Ministerial Statement

Senate Vacancy

The Hon. J.W. WEATHERILL (Cheltenham—Premier, Minister for the Arts) (14:04): Arising out of that report, I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.W. WEATHERILL: I rise to inform the house about correspondence the government has received regarding the Senate vacancy created by the retirement of Nick Xenophon. As the house is no doubt aware, and we have just heard, Mr Xenophon has now formally resigned his Senate position. This creates a casual vacancy and, as per section 15 of the Commonwealth Constitution, it is incumbent upon our parliament to convene a joint sitting and to vote on a nominee to fill the vacancy.

I can confirm that the Clerk of the Legislative Council has received a nomination for the vacancy from Mr Rex Patrick. I can also confirm that I have received a letter marked Private and Confidential from lawyers representing Mr Timothy Storer, a Senate candidate for the NXT Party at the 2016 federal election.

I have sought and received permission to publicly disclose the existence of that correspondence. Mr Storer asserts rights in relation to the filling of the casual vacancy. I have asked the Attorney-General to seek legal advice from the Crown Solicitor's Office to allow him to inform the deliberations of the joint sitting. There will be a joint sitting of parliament on Tuesday 14 November to consider a replacement senator.

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:05): Mr Speaker, a point of clarification?

The SPEAKER: Yes.

Ms CHAPMAN: As the Premier has announced that he will be seeking legal advice to inform the deliberation of the joint sitting, will the Premier ensure that that is tabled in the parliament before that joint sitting?

The Hon. J.W. WEATHERILL: You will see that the words I used were deliberately chosen. I have asked the Attorney-General to seek legal advice, and I have asked the Attorney-General to assist the joint sitting by providing his support to allow the joint sitting to properly consider the matter. Whether he chooses to table that advice or whether he chooses merely to report to the joint sitting is a matter that I will leave in his hands for the moment.

We are very keen to provide as much disclosure about this matter as possible. It may be proper for the legal advice to be tendered. It ordinarily is not, but I do appreciate that these are extraordinary circumstances and it may be appropriate that it is done on this occasion.

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