The Greens could be at risk of losing a third senator to section 44 of the Constitution.
The return of former Democrats leader Andrew Bartlett to the Senate could be short-lived, with the Greens at risk of losing a third senator to the same section of the constitution that claimed Larissa Waters and Scott Ludlam.
Mr Bartlett, whose path back to parliament as a Green opened up after Ms Waters fell foul of section 44 of the constitution, could be blocked by a subsection that forbids candidates from holding an “office of profit”, as he was working for a university at the time of his nomination.
Ms Waters, born in Canada, and Scott Ludlam, born in New Zealand, both resigned in the past week after discovering they held dual-citizenship, which is not allowed under section 44 of the constitution.
The former Democrat senator was second on the Queensland Greens ticket and is expected to take Ms Waters’ place in a recount.
Constitutional law expert and dean of law at the University of New South Wales, George Williams, said university employment was a “grey zone”, and carried a risk the High Court would rule it a breach of the constitution.
“There is no doubt there is a risk,” he said.
“But it is yet another reason which shows why this provision needs reforming.”
Mr Bartlett said he believed he was in the clear despite working as a research fellow with the Australian National University at the time of his nomination.
Source: Greens at risk of losing a third senator to section 44 as doubt emerges over Andrew Bartlett
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