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Disqualification Decision By Speaker
Speaker of the House of Representatives
The Hon Dr
Lockwood Smith
24 September 2009
Media
Statement
Disqualification Decision By Speaker
Conviction of a serious offence committed while a
member of Parliament will lead to disqualification from
ongoing travel entitlements for former members, the Speaker,
the Hon Dr Lockwood Smith has decided.
The decision applies to travel entitlements available to former members who entered Parliament prior to 1999.
The criteria for a serious offence is that provided by section 55(1)(d) of the Electoral Act 1993. A member of Parliament convicted of such an offence would have to vacate their seat.
This issue was highlighted when Taito Phillip Field was convicted in the High Court on 4 August, 2009, on bribery and obstruction of justice charges. In the absence of a change to the Speaker’s Directions, Mr Field would have been able to access ongoing travel entitlements.
Where a former member is disqualified from receiving these travel entitlements, the travel privileges available to their spouse or partner will also cease.
The Speaker notified the cross-party Parliamentary Service Commission of his decision today.
“I have followed a process that included consultation in arriving at my final decision,” the Speaker said.
“I felt it was appropriate that the travel privileges of former members be stopped where someone was convicted of an offence that would require them to vacate their seat in Parliament.”
An amendment will now be made to Part Six of the Speaker’s Directions that sets out the benefits and privileges available to former members of Parliament.
Dr Smith said he expected the amendment to take effect by the end of October 2009.
Criteria provided by section 55(1)(d) of the Electoral Act 1993 whereby a member of Parliament must vacate their seat
This means a
person who is:
• convicted of a crime punishable by
imprisonment for a term of two years or
upwards;
• convicted of a corrupt practice;
or
• reported by the High Court in its report on the
trial of an election petition to have been proved guilty of
a corrupt practice
whilst they were a member of
Parliament, will not be able to claim their ongoing travel
entitlements.
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