Can a "common informer" enforce MP disqualification?
Автор: Constitutional Clarion
Загружено: 2025-06-04
Просмотров: 4699
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This video is about common informers and their use to ensure that disqualified MPs ceased to sit in Parliament.
Under the current electoral law, voters and candidates may only challenge a candidate's election to Parliament within 40 days of the return of the election writs. If it later becomes apparent that the person was disqualified, or a subsequent disqualifying event (eg bankruptcy or conviction) occurs, then only the relevant House can refer the matter to the Court of Disputed Returns. But a House, for political reasons, could choose to protect its member by not doing so.
A common informer procedure allows anyone to sue a Member or Senator for a certain amount of money for each day they sit while disqualified. It is intended to ensure that disqualification is addressed even when a majority of the House has a vested interest in not doing so.
This video discusses the common informer procedure under s 46 of the Constitution, how it was altered by legislation in 1975, and how both were neutered by the High Court's judgment in Alley v Gillespie that a common informer can only act if disqualification has already been determined by another means.
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