Wednesday, 21 March 2018

 Statement re High Court of Australia decision

Media release

The Australian Government welcomes the High Court's unanimous decision delivered today in The Australian Government welcomes the High Court's unanimous decision delivered today in Alley vs Gillespie.

The matters considered by the High Court were preliminary questions of law relating to whether it could and should decide the eligibility of a Member of Parliament under the Common Informers Act, rather than the long standing process of such decisions being made under section 47 of the Commonwealth Constitution and the Commonwealth Electoral Act 1918.

The Commonwealth submitted that the High Court was not able to consider such a case in these circumstances and the High Court has ruled that it could not consider this or other cases in these circumstances.

The Government will consider the High Court's reasons very closely in assessing any indirect implications of today's decision.