Talk:Section 44 of the Constitution of Australia

It's not a bad start to this article, but I'm a bit bemused as to how one can write an article about S44 without mentioning Sykes v Cleary, the case which spawned most of the modern caselaw about it. Rebecca (talk) 10:58, 23 December 2007 (UTC)

Foreign Power

Sec 44 mentions allegiance to "foreign power" separate from its mention of citizen or country. A "foreign power" could include organisations or private individuals who possess more power and/or money than countries.

Moreover, a foreign power or foreign country could have a religious power. A country may automatically permit citizenship for those who follow a particular religion. — Preceding unsigned comment added by 1.129.109.169 (talk) 20:32, 12 November 2017 (UTC)

Single picture is a little unbalanced

I’m not sure if it’s better to have no images in this article or add them for everyone possible. At the moment, there is a single picture of Scott Ludlam, which makes it look like it’s all about him when shared on social media. —☸ Moilleadóir ☎ 02:15, 23 October 2018 (UTC)

I agree with you about the need for balance. In 2016 I would have agreed that we should include photos for everyone. From 2017, it is probably overkill all 17, or even the 10 found to be ineligible or 5 who resigned from the House of reps. Any suggestions on how to choose a representative sample ? Find bruce (talk) 03:06, 23 October 2018 (UTC)

Kerryn Phelps (prospective case)

Kerryn Phelps, who is likely to be declared elected in a by-election for the federal seat of Wentworth (in the Sydney area), states that she intends to continue as a local councillor (for the City of Sydney) and in her medical practice. Continuation as a councillor could appear to raise an issue under Constitution s 44(iv), although following the Re Lambie (2018) decision regarding Steve Martin, a local councillor is not in an "office of profit under the Crown". Continuation in medical practice, two constitutional experts confirm, could raise an issue under Constitution s 44(v), in that Dr Phelps would probably be receiving income through the federal Medicare scheme ("Kerryn Phelps to remain on Sydney council despite likely Wentworth win". Sydney Morning Herald. 25 October 2018.). The same issue arises for Dr Brian Owler, who has been named as the prospective Labor candidate for the federal seat of Bennelong ("Labor candidate Brian Owler refuses to release legal advice despite eligibility questions". Sydney Morning Herald. 1 November 2018.). Both Phelps and Owler have stated that they have legal advice that their position is sound, but have refused to release the advice. Wikiain (talk) 22:36, 1 November 2018 (UTC)

Phelps has been declared elected and has immediately stated that she will seek referral of Peter Dutton and Chris Crewther under Constitution s 44(v): Karp, Paul (5 November 2018). "Kerryn Phelps zeroes in on climate change and Peter Dutton's eligibility". The Guardian. Retrieved 5 November 2018. The Guardian story states:

"Phelps also said she will seek an urgent briefing on the constitutional eligibility of Liberal MPs Peter Dutton and Chris Crewther, adding that she had received legal advice that she did not have any section 44 issues that might affect her own eligibility to sit.

As a doctor, Phelps is part of the Medicare system, but she said rebates were paid not to her but to her patients. She also said there was no issue as a result of her being a city of Sydney councillor."

That Medicare position would be different from being a shareholder in a small company that receives a rebate or other subsidy from the Commonwealth. Wikiain (talk) 01:20, 5 November 2018 (UTC)

The government has threatened to move for referral of Phelps and two other non-government MPs if there is a move to refer Home Affairs minister Peter Dutton, whose eligibility is also challenged under Constitution s 44(v): Karp, Paul (28 November 2018). "Coalition threatens to retaliate against Kerryn Phelps over Dutton referral". The Guardian. Retrieved 28 November 2018. Wikiain (talk) 01:47, 28 November 2018 (UTC)