One Nation senator Rodney Culleton will not vote on contentious legislation while High Court challenge looms

Updated November 03, 2016 01:38:41

Eliza Borrello spoke to Rod Culleton about the Government's likely challenge of his election into Senate Video: Eliza Borrello spoke to Rod Culleton about the Government's likely challenge of his election into Senate (ABC News)

West Australian One Nation senator Rod Culleton has told the Federal Government he will abstain from voting on contentious pieces of legislation, such as reintroducing the construction watchdog, while a potential High Court challenge on his position is looming.

Key points:

  • Senate to consider challenging Senator Culleton's election due to conviction
  • WA Senator told Attorney-General he will not to vote on contentious legislation
  • Attorney-General says Culleton "a decent person"

Attorney-General George Brandis this afternoon announced the Senate would be asked to consider challenging Senator Culleton's election to the Senate.

Senator Culleton had been convicted of an offence carrying a jail term of one year or more at the time of the election, which may make him ineligible to sit in the Upper House — despite the fact the conviction has since been quashed.

The Government announced Tuesday it would also ask the Senate to consider challenging former South Australian Family First senator Bob Day's election in the High Court.

Attorney-General George Brandis on the proposed High Court challenges involving Bob Day and Rod Culleton. Video: Attorney-General George Brandis on the proposed High Court challenges involving Bob Day and Rod Culleton. (7.30)

Despite Mr Day having resigned from parliament and Senator Culleton's decision not to vote, the ABC understands the Coalition remains confident its proposed industrial relations legislation — allowing the return of the Australian Building and Construction Commission (ABCC) and the Registered Organisations bill — will pass parliament.

"Senator Culleton has sent an email to the President of the Senate, copied to me and others, indicating that he doesn't propose to exercise his vote on any contentious legislation while the constitutional validity of his position is in issue," Senator Brandis told the ABC's 7.30.

"Senator Culleton is a decent person, he finds himself in the middle of this unwitting constitutional maelstrom.

"I spoke to him on Saturday, and what he said to me was that he assured me that as an honourable person, he just wanted to do the right thing."

Senator Brandis maintained the Government had a full legislative agenda to get through by the end of the parliamentary year.

"We have appropriations bills, which are essential to the ordinary services of the Government," he said.

"We have the plebiscite legislation, which although the Labor Party and the Greens have said they will block, we nevertheless intend to pursue.

"I, as Attorney-General, have some important counter-terrorism legislation that can't be delayed, there's the industrial relations legislation of which we know."

The draft program for legislation before the Senate next week has been released, with the ABCC and the Registered Organisation bills not listed for debate.

With Mr Day gone, the Federal Government will need to convince eight of the remaining 10 crossbench senators to pass the two bills.

Shadow attorney-general Mark Dreyfus questioned whether the Government should accept the vote of Senator Culleton in any circumstances.

Topics: government-and-politics, courts-and-trials, law-crime-and-justice, minor-parties, political-parties, federal-government, australia

First posted November 02, 2016 20:08:04