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'{{Short description|Australian politician (born 1964)}} {{Use dmy dates|date=April 2017}} {{Use Australian English|date=August 2016}} {{Infobox officeholder | name = Rod skibidirizzgyatt Culleton | honorific-suffix = | image = | alt = | caption = | office = Leader of [[The Great Australian Party]] | term_start = 7 April 2019 | term_end = | predecessor = Position established | successor = | office1 = [[Australian Senate|Senator]] for [[Western Australia]] | term_start1 = 2 July 2016 | term_end1 = 11 January 2017 | predecessor1 = [[Zhenya Wang]] | successor1 = [[Peter Georgiou]] | birth_name = Rodney Norman Culleton | birth_date = {{Birth date and age|df=yes|1964|6|5}} | birth_place = [[Narrogin, Western Australia|Narrogin]], [[Western Australia]], Australia | death_date = | death_place = | citizenship = | nationality = [[Australians|Australian]] | party = [[The Great Australian Party]] {{small|(since 2019)}} | otherparty = {{plainlist| *[[Pauline Hanson's One Nation|One Nation]] {{small|(2015–16)}} *[[Independent (politician)|Independent]] {{small|(2016)}} }} | spouse = Ioanna Georgiou | relations = | children = 3 | relatives = [[Peter Georgiou]] (brother-in-law) | residence = [[Williams, Western Australia|Williams]], Western Australia, Australia | education = [[Narrogin, Western Australia|Narrogin Senior High School]] | alma_mater = [[Challenger Institute of Technology]] | occupation = [[Corporate farming|Corporate]] grain agriculturer<br />(Self-employed)<br />[[Buying agent|Purchasing agent]]<br />([[AWB Limited]]) | known_for = | website = [http://senatorculleton.com.au/ senatorculleton.com.au] }} '''Rodney Norman Culleton''' (born 5 June 1964) is an Australian politician who was sworn in and sat as a [[Australian Senate|Senator]] for [[Western Australia]] following the [[2016 Australian federal election|2016 federal election]]. At that time he was a member of the [[Pauline Hanson's One Nation]] party, but on 18 December 2016 he resigned from the party to sit as an [[Independent (politician)|independent]].<ref>{{cite web|url=http://www.abc.net.au/news/2016-12-18/one-nation-senator-rod-culleton-resigns-from-party/8130848|title=One Nation senator Rod Culleton resigns from party|work=ABC News|date=18 December 2016}}</ref> On 23 December 2016 the [[Federal Court of Australia]] held that Culleton was bankrupt.<ref name="Barker J"/> On 11 January 2017 the President of the Senate, [[Stephen Parry (Australian politician)|Stephen Parry]], wrote to the Governor of Western Australia, [[Kerry Sanderson]], advising her that as a result of Culleton's bankruptcy his seat in the Senate was vacant.<ref name="SMH 11 Jan 17">{{cite news|last1=McIlroy|first1=Tom|title=Former One Nation senator Rodney Culleton officially removed from Parliament|url=http://www.smh.com.au/business/federal-budget/former-one-nation-senator-rodney-culleton-officially-removed-from-parliament-20170111-gtpq41.html|work=Sydney Morning Herald|date=11 January 2017|accessdate=11 January 2017}}</ref> Culleton disputed the effect of the court's order and claimed still to be a Senator.<ref name="Gdn 12 Jan 17">{{cite news|last=Karp|first=Paul|url=https://www.theguardian.com/australia-news/2017/jan/12/rodney-culleton-insists-hes-a-senator-ive-still-got-the-badge-and-the-office|title=Rodney Culleton insists he's a senator: I've still got the badge and the office|work=Sydney Morning Herald|date=12 January 2017|accessdate=13 January 2017}}</ref> His appeal against the bankruptcy order, to the Full Court of the Federal Court, was dismissed on 3 February 2017. On the same day, the [[High Court of Australia|High Court]] determined that Culleton had, in any case, been ineligible for election to the Senate due to a criminal matter in New South Wales. The Senate vacancy left by Culleton was later filled by his brother-in-law [[Peter Georgiou]], One Nation's second Senate candidate for WA in the 2016 election, after an official recount.<ref name="recount">{{cite web|url=http://www.abc.net.au/news/2017-03-10/rod-culletons-brother-in-law-peter-georgiou-set-to-replace-him/8342492|title=One Nation: Rod Culleton's brother-in-law Peter Georgiou confirmed as replacement|work=ABC News|date=10 March 2017}}</ref> Culleton established [[The Great Australian Party]] in April 2019. ==Time in the Senate== Culleton was declared as elected as a Senator for Western Australia on 2 July 2016 as the lead candidate on the [[Pauline Hanson's One Nation]] ticket during the [[2016 Australian federal election|2016 election]]. At the time he had been convicted ''in absentia'' on a larceny charge over a vehicle key in New South Wales, but had not yet been sentenced.<ref name="surprise">{{cite news |url=http://www.news.com.au/national/federal-election/pauline-hanson-just-got-more-powerful/news-story/3de67850692093203d7bcf26911905cb |title=Pauline Hanson's surprises keep on coming |date=1 August 2016 |work=News Limited |first=Charis |last=Chang |agency=AAP |accessdate=2 August 2016}}</ref> On 18 December 2016 Culleton announced on Twitter that he had resigned from One Nation, citing a lack of party support and "un-Australian behaviour". Party leader [[Pauline Hanson]] responded that Culleton had been "a pain in my backside" and that she was "glad to see the back of him".<ref name="resignation">{{cite news|last1=Knott|first1=Matthew|title='I'm glad to see the back of him': Rod Culleton resigns from Pauline Hanson's One Nation party|url=http://www.smh.com.au/federal-politics/political-news/rod-culleton-resigns-from-pauline-hansons-one-nation-party-20161218-gtdr5j.html|accessdate=18 December 2016|work=The Sydney Morning Herald|date=18 December 2016}}</ref> ==Debt and legal proceedings== Culleton was involved in a long and complex history of legal proceedings in relation to claims he owed money to a number of different companies.<ref name="Blackshield">{{cite web |title=Incapable of being chosen |url=https://auspublaw.org/2017/02/incapable-of-being-chosen |author=Blackshield, T |author-link1= |date=6 February 2017 |publisher=AUSPUBLAW}}</ref> * Macquarie Leasing Pty Ltd obtained a judgment in the [[District Court of Western Australia|WA District Court]] against Culleton in March 2013 for $94,304. In 2014 Culleton was bankrupted over this debt,<ref>{{cite AustLII |litigants=Macquarie Leasing Pty Ltd v Culleton |year=2014 |court=FCCA |num=1714}}.</ref> however in 2015 the bankruptcy was set aside by consent.<ref>{{cite AustLII |litigants=Culleton v Macquarie Leasing Pty Ltd (No 2)|year=2015 |court=FCA |num=1478}}.</ref>{{refn|name=Bankruptcy1|Because the judgment was by consent, it is not known what were considered to be the arguable grounds of appeal.<ref name="Blackshield"/>}} * In May 2013 Permanent Custodians, part of the [[Australia and New Zealand Banking Group|ANZ Bank group]], [[foreclosure|foreclosed]] on the Culletons' farm which was near [[Williams, Western Australia]], obtaining judgment against the Culletons for $4,672,859 plus interest.<ref name="ANZ 1">{{cite AustLII |litigants=Permanent Custodians Ltd v Elite Grains Pty Ltd |year=2014 |court=WASC |num=495}}.</ref> The Culletons unsuccessfully attempted to have this set aside, in 2014,<ref name="ANZ 1"/> and 2016.<ref name="ANZ 2">{{cite AustLII |litigants=Permanent Custodians Ltd v Elite Grains Pty Ltd |year=2016 |court=WASC |num=238}}.</ref> Culleton referred to his dispute with the ANZ Bank in his submissions to a [[Australian House of Representatives committees#Joint committees|Parliamentary Joint Committee]],<ref name="Culleton sub">{{cite web |url=http://www.aph.gov.au/DocumentStore.ashx?hearingid=26987&submissions=true |title=Submission by Rod and Ioanna Culleton |work=Parliamentary Joint Committee on the Impairment of Customer Loans |publisher=[[Parliament of Australia]] |format=PDF |date=20 August 2015}}</ref> and in his first speech to the Senate.<ref name="Culleton speech">{{cite hansard |jurisdiction=Commonwealth of Australia |house=Senate |date=12 October 2016 |url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F78dd1315-9808-45a9-843e-a630dbcac8e5%2F0173%22 |title=First speech |page=1673 |speaker=Rod Culleton}}</ref> *Elite Grains, a company associated with Culleton had been placed in liquidation and the report to creditors said that Elite Grains had $5.4&nbsp;million in secured debt, $656,000 in unsecured liabilities and that "There will not be a dividend to any class of creditor in this liquidation".<ref>{{cite news|url=https://thewest.com.au/news/wa/rod-culletons-creditors-have-no-prospect-of-getting-their-money-ng-ya-122397|title=Rod Culleton's creditors have 'no prospect' of getting their money|newspaper=The West Australian|date=3 November 2016}}</ref><ref>{{cite news|url=http://www.afr.com/news/one-nations-rodney-culleton-faces-further-financial-turmoil-20161102-gsgkod|title=One Nation's Rodney Culleton faces further financial turmoil|newspaper=Australian Financial Review|date=2 November 2016}}</ref><ref name="Sky Nov"/> *Balwyn Nominees, a company associated with former [[Wesfarmers]] director Dick Lester, obtained judgement against the Culletons for $205,536 plus interest in 2013.<ref name="Balwyn DC">''Dakin Farms Pty Ltd v Elite Grains Pty Ltd (No 2)'' [http://www.austlii.edu.au/au/cases/wa/WADC/2013/160.html <nowiki>[2013]</nowiki> WADC 160].</ref> The Culletons have unsuccessfully attempted to overturn this judgment in WA Courts in 2015,<ref name="Balwyn 2015">{{cite AustLII |litigants=Culleton v Dakin Farms Pty Ltd |year=2015 |court=WASCA |num=183}}</ref> 2016,<ref name="Balwyn 2016">{{cite AustLII |litigants=Culleton v Dakin Farms Pty Ltd |year=2016 |court=WASCA |num=152}}</ref> and 2017.<ref name="Balwyn 2017">{{cite AustLII |litigants=Culleton v Dakin Farms Pty Ltd (No 2) |year=2017 |court=WASCA |num=29}}.</ref> In 2016 Culleton commenced proceedings in the Federal Court seeking to overturn the judgment but the application was dismissed as being erroneous and "entirely unarguable".<ref>{{cite AustLII |litigants=Culleton |year=2016 |court=FCA |num=1193}}.</ref> ===Creditors petition and bankruptcy=== Balwyn Nominees sought an order in the Federal Court that Culleton be made bankrupt. On 23 December 2016, after a tumultuous hearing,<ref>{{cite news|url=http://www.smh.com.au/wa-news/west-australian-senator-rod-culleton-walks-out-of-federal-court-hearing-20161219-gte4gx.html|title=West Australian senator Rod Culleton walks out of Federal Court hearing|last=Foster|first=Brendan|work=Sydney Morning Herald|date=19 December 2016|accessdate=5 February 2017}}</ref><ref>{{cite news|url=http://www.perthnow.com.au/news/western-australia/one-nation-senator-rod-culleton-storms-out-of-federal-court/news-story/6e9a9f2536690c59a1b4116f1380e40b|title=One Nation senator Rod Culleton storms out of Federal Court|last=Farcic|first=Elle|work=PerthNow|date=19 December 2016|accessdate=5 February 2017}}</ref> the Federal Court rejected Culleton's application for trial by jury, found that the technical requirements of the ''Bankruptcy Act'' had been met and held Culleton's various other submissions were unarguable and totally without merit. The court ordered sequestration of Culleton's assets, with the effect of declaring him bankrupt.<ref name="Barker J">{{cite AustLII |litigants=Balwyn Nominees Pty Ltd v Culleton |year=2016 |court=FCA |num=1578}}.</ref><ref name="Blackshield"/> The court granted a 21-day stay on proceedings under the sequestration order, with Culleton announcing that he would appeal the decision.<ref name="bankrupt">{{cite news|title=WA Senator Rod Culleton declared bankrupt in the Federal Court|url=http://www.9news.com.au/national/2016/12/23/13/51/senator-rod-culleton-declared-bankrupt-in-the-federal-court|date=23 December 2016|work=Nine News|accessdate=23 December 2016}}</ref><ref>{{cite news|title=Former One Nation senator Rod Culleton declared bankrupt|url=https://www.theguardian.com/australia-news/2016/dec/23/former-one-nation-senator-rodey-culleton-declared-bankrupt|date=23 December 2016|work=The Guardian|accessdate=23 December 2016}}</ref><ref>{{cite news|last=Hunter|first=Fergus|title=Senator Rod Culleton declared bankrupt by Federal Court|url=http://www.smh.com.au/federal-politics/political-news/senator-rod-culleton-declared-bankrupt-by-federal-court-20161223-gtha3r.html|date=23 December 2016|work=Sydney Morning Herald|accessdate=23 December 2016}}</ref> Culleton's appeal was dismissed by a full court of the Federal Court on 3 February 2017 (see below). Under Sections [[Section 44 of the Constitution of Australia|44]] and [[Section 45 of the Constitution of Australia|45]] of the [[Constitution of Australia]], a Senator who faces an undischarged bankruptcy during his term automatically forfeits his seat.<ref>[[Constitution of Australia]], sections [[Section 44 of the Constitution of Australia|44(iii)]] and [[Section 45 of the Constitution of Australia|45]].</ref> After receiving an official copy of the trial judgment from the Federal Court as well as documentation from the Inspector-General in Bankruptcy, on 11 January the President of the Senate, Stephen Parry, wrote to the Governor of Western Australia, Kerry Sanderson, to notify her that Culleton's seat had become vacant due to his having become an undischarged bankrupt on 23 December 2016. Parry added that, since the matter of initial ineligibility was still before the High Court sitting as the [[Court of Disputed Returns (Australia)|Court of Disputed Returns]], he was currently unable to advise that the ordinary procedure for filling a casual vacancy ([[section 15 of the Constitution of Australia|section 15 of the Constitution]])<ref name="s15">{{Cite Legislation AU|Cth|act|coaca430|Constitution|15}} Casual vacancies.</ref> applied and he would provide further advice following the Court's decision, expected "in the near future".<ref>{{cite web|url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22publications%2Ftabledpapers%2Fd1ecf1a6-013a-49b3-9ab8-024950a9370d%22|title=Letter from President of Senate to Governor of WA and related documents|publisher=Parliament of Australia|date=11 January 2017|accessdate=16 January 2017}}</ref> Culleton immediately announced that he would lodge a High Court challenge to the President's ruling as "premature" since the 21-day stay was to run until 13 January.<ref name="SMH 11 Jan 17"/> On 12 January, the Federal Court extended the stay of proceedings under the sequestration orders by one week. Culleton maintained that it was also a stay of the declaration of bankruptcy, so that he continued to be a Senator. However, he was already listed on the Parliament website as a "former Senator".<ref name="Gdn 12 Jan 17"/><ref>{{cite web |url=http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=266482 |archive-url=https://web.archive.org/web/20170112110656/http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=266482 |archive-date=12 January 2017 |title=Former Senator Rod Culleton |publisher=[[Parliament of Australia]]}}</ref><ref>{{cite news|last1=Hunter|first1=Fergus|last2=McIlroy|first2=Tom|title=Rod Culleton's last-ditch effort to stay in the Parliament|url=http://www.smh.com.au/federal-politics/political-news/rod-culletons-lastditch-effort-to-stay-in-the-parliament-20170112-gtq1qj.html|date=12 January 2017|accessdate=1 January 2017|work=Sydney Morning Herald}}</ref> On 19 January it was reported that Culleton's lawyer had received a letter from Parry's office which warned that, in continuing to identify himself as a Senator, Culleton could be committing the serious offence of impersonating a public official, and that in response Culleton had amended his parliamentary Facebook page to read "Rod Culleton – 'Senator' for WA – Gone Fishin'", and changed the signature on his parliamentary emails to "Rod Culleton | Federal Senator for Western Australia (Gone Fishin')".<ref>{{cite news|url=http://www.smh.com.au/federal-politics/political-news/gone-fishing-one-nation-senator-rod-culleton-tries-to-dodge-impersonation-claims-20170118-gtu80f.html|title='Gone fishing': One Nation 'senator' Rod Culleton tries to dodge impersonation claims|last=Koziol|first=Michael|work=Sydney Morning Herald|date=19 January 2017|accessdate=19 January 2017}}</ref> On 31 January 2017, [[Stephen Gageler|Justice Gageler]] in the High Court rejected challenges by Culleton to the Court's jurisdiction and to Parry's decision.<ref>{{cite AustLII |litigants=Re Culleton |year=2017 |court=HCA |num=3| date=31 January 2017}}.<!--the Guardian story on 31 January 2017 appears to refer to rulings made during argument that are not part of the judgement (Wikiain)--></ref> On 3 February 2017, the full court of the Federal Court unanimously dismissed Culleton's appeal against the sequestration order. It rejected Culleton's claim that the trial judge had treated him unfairly, finding that the judge had dealt properly with his "unfocused and erratic" submissions. It also rejected his argument that a sequestration order does not necessarily involve a finding of bankruptcy, confirming that "insolvency, not judgment execution or debt collection, is the essence of an application for a sequestration order".<ref>{{cite AustLII |litigants=Culleton v Balwyn Nominees Pty Ltd |year=2017 |court=FCAFC |num=8}} at [16] and [52].</ref><ref>{{cite web|url=http://www.abc.net.au/news/2017-02-03/rod-culleton-loses-appeal-against-bankruptcy-verdict/8239930|title=Rod Culleton: Former One Nation senator loses appeal against court bankruptcy verdict|work=ABC News|date=4 February 2017}}</ref> Culleton unsuccessfully sought a stay of the sequestration order in the High Court.<ref>{{cite AustLII |litigants=Culleton v Balwyn Nominees Pty Ltd |year=2017 |source=HCATrans |num=41 |date=1 March 2017}}.</ref> ==Criminal charges== In April 2014 Culleton was involved in a dispute with a tow truck driver in [[Guyra, New South Wales|Guyra, NSW]]. The tow truck driver was attempting to repossess a truck and the key to the tow truck was lost. Culleton was charged with [[larceny]] in relation to the missing key. When the matter came before the local court in March 2016 Culleton was not present, saying he did not have time to travel to the Court as he was required to be in court in WA the day before on unrelated larceny charges (see below). Culleton was convicted in his absence.<ref name="Blackshield"/> He successfully applied to set aside the conviction,<ref name="surprise"/> with the conviction being annulled on 8 August 2016.<ref name="annulled">{{cite news |url=http://www.sbs.com.au/news/article/2016/08/08/one-nation-senator-conviction-set-aside |title=One Nation senator conviction set aside |agency=AAP |publisher=[[Special Broadcasting Service|SBS]] |date=8 August 2016 |accessdate=8 August 2016}}</ref> Culleton then pleaded guilty to the offence, and was ordered to pay the truck driver's costs but a conviction was not recorded.<ref>{{cite news |url=http://www.abc.net.au/news/2016-10-25/one-nation-senator-rod-culleton-pleads-guilty-to-larceny/7963148 |title=One Nation Senator Rod Culleton pleads guilty to larceny, avoids conviction |publisher=[[Australian Broadcasting Corporation|ABC]] |date=25 October 2016 |accessdate=2 November 2016}}</ref> A second, unrelated, larceny charge, concerning a hire car in Western Australia in March 2015, has not yet been heard in a court. The allegations are that receivers had attended the property of Mr Dixon near [[Cuballing, Western Australia]], with the ANZ Bank alleging he had defaulted on a loan. While the receivers were inside the farm house talking to Mr Dixon, the hire car was blocked in by hay bales. The car was subsequently moved and it is alleged that Culleton tried to obtain a key. While the charge was expected to be heard in August 2016,<ref>{{cite news |url=http://www.theland.com.au/story/4123167/mixed-emotions-for-wa-farmer-rescued-by-one-nation-senator-rod-culleton/ |newspaper=[[The Land (newspaper)|The Land]] |date=27 August 2016 |author=Beetles, C |title=Mixed emotions for WA farmer rescued by One Nation Senator Rod Culleton}}</ref> it was listed to be heard in the Perth [[Magistrates Court of Western Australia|Magistrates Court]] over a four-day period, in September 2017.<ref>{{cite web|url=http://www.perthnow.com.au/news/western-australia/senator-rod-culleton-to-face-fourday-trial-over-alleged-theft-of-27000-hire-car/news-story/e9bd452b0db87c3a4d6eb690e77a08e5 |title=Senator Rod Culleton to face four-day trial over alleged theft of $27,000 hire car |first=Elle |last=Farcic |work=PerthNow |date=20 December 2016 |accessdate=23 December 2016 |publisher=[[Seven West Media]]}}</ref> When the case was heard, Culleton represented himself, shouted at the magistrate and threw his eyeglasses in her direction (they hit a table); a police officer removed him from the court, but he apologised to the court and was allowed to return to cross-examine witnesses. However, since the case was set to run for only one more day and there were a large number of witnesses, the hearing was adjourned until 2018.<ref>{{cite news|url=https://www.theguardian.com/australia-news/2017/sep/28/former-senator-rod-culleton-throws-glasses-and-shouts-at-magistrate|title=Former senator Rod Culleton throws glasses and shouts at magistrate|work=The Guardian|date=28 September 2017|accessdate=28 September 2017}}</ref> In March 2022, Culleton was charged with breaching quarantine directions during the [[COVID-19 pandemic in Western Australia]]. He appeared in the Kalgoorlie Magistrate's Court on 4 April 2022. He did not enter a plea and indicated that he intended to elevate the case to the [[High Court of Australia]] on constitutional grounds. He was granted four weeks adjournment.<ref>{{cite news |url=https://www.abc.net.au/news/2022-04-04/former-one-nation-senator-in-court-over-quarantine-breach/100965114 |title=Former One Nation senator Rod Culleton in court over alleged quarantine breach, vows to fight charge in High Court |work=ABC News |first=Jarrod |last=Lucas |date=4 April 2022 |access-date=2 May 2022}}</ref> ==Senate ineligibility== Under [[section 44 of the Constitution of Australia|section 44(ii) of the Constitution]], any person who "has been convicted and is under sentence, or subject to be<!--sic--> sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer" is "incapable of being chosen or of sitting" in either house of Parliament.<ref name="s44">{{Cite Legislation AU|Cth|act|coaca430|Constitution|44}} Disqualification.</ref> Previous time in prison was not a disqualification and there have been numerous politicians who had spent time in prison before their election.<ref>{{cite web |url=http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Publications_Archive/CIB/cib0203/03CIB22 |title=Crime and Candidacy |author=Holland, I |date=2003 |publisher=[[Parliament of Australia]]}}</ref> The High Court had previously observed that the disqualification is not simply for the conviction for an offence, nor serving time in prison. The disqualification required both conviction and that the person was imprisoned at the time or awaiting sentence.<ref name="Nile v Wood">{{cite AustLII |litigants=[[Nile v Wood]] |year=1987 |court=HCA |num=62 |parallelcite=(1987)&nbsp;167&nbsp;[[Commonwealth Law Reports|CLR]]&nbsp;133}}.</ref> The WA larceny charge did not give rise to any question of disqualification as Culleton had only been charged and had not been convicted. At the time of Culleton's nomination and election, he had been convicted for the New South Wales offence but had not been sentenced. A former colleague lodged a petition with the High Court (sitting as the Court of Disputed Returns), claiming that Culleton was not able to nominate for the election as he was convicted and awaiting sentence in New South Wales at the time of the election.<ref>{{cite news |url=http://www.abc.net.au/news/2016-08-25/one-nation-senator-rod-culleton-faces-court-challenge/7784720 |date=25 August 2016 |title=One Nation's Rod Culleton faces court challenge over eligibility for Senate seat |first=Lauren |last=Day |work=[[7.30]] |publisher=[[ABC (Australia)|ABC]] |access-date=29 August 2016}}</ref> Subsequently, the Australian Government asked the Senate to also refer the matter to the High Court; the reference included a request to determine what should be done if Culleton's seat were found to be vacant.<ref>{{cite news |url=https://www.theguardian.com/australia-news/2016/nov/02/challenge-election-one-nation-senator-rod-culleton |date=2 November 2016 |title=Government challenges election of One Nation senator Rod Culleton |first=Paul |last=Karp |work=The Guardian |accessdate=4 November 2016}}</ref> The primary issues before the High Court concerned the effect of the subsequent annulment of Culleton's conviction and whether Culleton was subject to be sentenced to a term of imprisonment for one year or longer. On 3 February 2017, the High Court determined the Senate reference, unanimously finding that Culleton had been ineligible for election to the Senate. At the time of the 2016 election he was subject to being sentenced to imprisonment for up to two years, which under Constitution section 44(ii) rendered him ineligible for election. This had not been affected by the subsequent annulment of the finding of guilt; the annulment had operated only from the time of the annulment. The vacancy should be filled by a special count of the ballot papers. Any directions necessary to give effect to the conduct of the special count should be made by a single Justice. However, the Court anticipated that a simple recount, as if Culleton had not been a candidate, would make the votes cast for him (so far as they were "above the line", which was 96% of them) would flow through to the next One Nation candidate. The Court ordered, as the Commonwealth had previously agreed, that most (with specific exceptions) of Culleton's costs of the action would be borne by the Commonwealth (Culleton had initially represented himself, but eventually he had been provided with counsel).<ref>{{cite AustLII |litigants=Re Culleton [No 2] |year=2017 |court=HCA |num=4| date=3 February 2017}}; full name "In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Senator Rodney Norman Culleton".</ref><ref>{{cite web|url=http://www.hcourt.gov.au/cases/case_c15-2016|title=Submissions, Case C15/2016|publisher=High Court of Australia|date=3 February 2017|accessdate=7 February 2017}}</ref><ref>{{cite news|url=http://www.smh.com.au/federal-politics/political-news/rodney-culleton-was-never-elected-to-senate-high-court-rules-20170202-gu4kfu.html|title=Rodney Culleton was never legally elected to Senate, High Court rules |first=Amy |last=Remeikis |date=3 February 2017 |work=Sydney Morning Herald |accessdate=4 February 2017}}</ref><ref name="policy"/> The majority stated, in an introductory summary of their judgment (with which Nettle J differed only as to reasoning):<ref>{{cite AustLII |litigants=Re Culleton [No 2] |year=2017 |court=HCA |num=4}} at [4] per Kiefel, Bell, Gageler & Keane JJ.</ref> {{blockquote|Senator Culleton was a person who had been convicted and was subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election. That was so, both as a matter of fact and as a matter of law. The subsequent annulment of the conviction had no effect on that state of affairs. It follows from s 44(ii) that Senator Culleton was "incapable of being chosen" as a Senator. In the result, there is a vacancy in the representation of Western Australia in the Senate for the place for which Senator Culleton was returned.}} The beneficiary of the recount, as determined by the High Court on 10 March 2017, was Culleton's brother-in-law, [[Peter Georgiou]].<ref name="recount"/><ref>{{cite news|url=https://www.theguardian.com/australia-news/2017/mar/10/peter-georgiou-confirmed-one-nation-senator-replace-rodney-culleton|last=Karp|first=Paul|title=Peter Georgiou confirmed as One Nation senator to replace Rodney Culleton|work=The Guardian|date=10 March 2017|accessdate=10 March 2017}}</ref> When the Senate resumed on 7 February, the President of the Senate, Stephen Parry, informed the house of the High Court's decision that Culleton had been ineligible to nominate for the Senate, rendering his election void. Parry stated that this did not invalidate any Senate proceedings in which Culleton had taken part, by reference to the High Court decision in ''[[Vardon v O'Loghlin]]''.<ref>{{cite AustLII |litigants=[[Vardon v O'Loghlin]] |year=1907 |court=HCA |num=69 |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1907/69.pdf (1907)&nbsp;5&nbsp;CLR&nbsp;201].}}</ref> He added that any salary paid to Culleton as a Senator had been paid without authority and accordingly was now a debt due to the Commonwealth; and that whether any of that debt should be waived was a decision for the government, on which Parry had sought advice from the finance minister.<ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=Senate |date=7 February 2017 |url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F272a29a0-c557-4988-bcb8-227d6f4fffc8%2F0011%22 |title=Qualifications of Senators |page=2 |speaker=[[Stephen Parry (Australian politician)|Stephen Parry]] |position=[[President of the Australian Senate|President of the Senate]]}}</ref> In May 2017, Culleton was informed by the Commonwealth Department of Finance that "payments made to you and in relation to you since the election on 2 July 2016 are a debt to the commonwealth" and might include superannuation payments, other entitlements and staff payments. Culleton was invited to consider his options, which could include providing evidence of his financial circumstances. Culleton told media that he would not be answering the Department's letter. "I'm just going to hang in like a flea in between the shoulder blades of a dog", he said, "right where it can't scratch."<ref>{{cite news|url=https://www.theguardian.com/australia-news/2017/may/16/rod-culleton-told-to-repay-senate-salary-and-entitlements|last=Chan|first=Gabrielle|title=Rod Culleton told to repay Senate salary and entitlements|work=The Guardian|date=16 May 2017|accessdate=16 May 2017}}</ref> Special Minister of State [[Scott Ryan (Australian politician)|Scott Ryan]] confirmed that this department, as well as the Senate, had so written to Culleton and also to disqualified Family First Senator [[Bob Day]]; he indicated that they could apply for the debts to be waived. Culleton commented that he intended to appeal the High Court judgment against him [[High Court of Australia#Appeals to the Privy Council|to the Privy Council]]: on being reminded that this has been virtually impossible since the [[Australia Act 1986]], he said that he disagreed.<ref>{{cite news|url= https://www.theguardian.com/australia-news/2017/may/17/bob-day-told-he-must-repay-almost-130000-in-senate-earnings|last=Hutchens|first=Gareth|title=Bob Day told he must repay almost $130,000 in Senate earnings|work=The Guardian|date=17 May 2017|accessdate=17 May 2017}}</ref><ref>The only conceivable such avenue appears to be through Constitution s 74, by invoking the [[royal prerogative]]. However, s 74 permits the Commonwealth parliament to limit appeals to the Privy Council and an appeal against this High Court decision appears to be excluded by the [https://www.legislation.gov.au/Details/C2004C00594 Privy Council (Limitation of Appeals) Act 1968 (Cth)], s 3, or at any rate by the [https://www.legislation.gov.au/Details/C2004A00255 Privy Council (Appeals from the High Court) Act 1975 (Cth)]. It was observed in the High Court in 1999 that, considering Australia Act s 11 as well as those earlier acts, "no institutions of government of the United Kingdom exercise any judicial powers with respect to this country": {{cite AustLII |litigants=[[Sue v Hill]] |year=1999 |court=HCA |num=30 |parallelcite= |pinpoint=para [66]}}. See also {{cite web|url=http://www.cefa.org.au/ccf/rod-culleton-and-privy-council|title=Rod Culleton and the Privy Council|work=Constitution Education Fund Australia|date=19 May 2017|accessdate=19 May 2017}}</ref> On 8 August 2017 the President of the Senate reported that he had received correspondence from Culleton's lawyers "requesting the Senate to refer matters relating to Mr Culleton back to the High Court for reconsideration" and added, "I am advised that the Senate has no power to comply with this request."<ref>[http://parlinfo.aph.gov.au/parlInfo/download/chamber/hansards/ab208765-08aa-483b-a2da-5b900a99ab3e/toc_pdf/Senate_2017_08_08_5315.pdf;fileType=application%2Fpdf Senate Hansard (proof) 8 August 2017, p 2.], tabling both the {{cite web |url=http://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/486f1cf8-2557-4427-8d81-675223593df2/upload_pdf/qualification%20of%20senators_culleton.pdf |title=Letter to the President of the Senate from Maitland Lawyers dated 2 August 2017}} and the {{cite web |url=http://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/0e4cc6e0-62d7-4b0e-9b50-1fd07a48d3c8/upload_pdf/qualification%20of%20senators_culleton%20-%20letter%20from%20Clerk.pdf |title=Advice to the President of the Senate from the Clerk of the Senate (Mr Pye) dated 8 August 2017}}</ref> ==The Great Australian Party== In 2018, Culleton initiated the process to establish a new political party, [[The Great Australian Party]], to stand candidates for the Senate in the [[2019 Australian federal election]]. He continued to refer to himself as a "senator-in-exile" and sought to appeal his disqualification to the [[Privy Council of the United Kingdom]]. Other policies of the proposed party were to remove personal income tax, nationalise the [[Commonwealth Bank]] and abolish the [[Family Court of Australia]].<ref>{{cite news |url=https://www.theaustralian.com.au/nation/nation/former-senator-rod-culletons-plans-for-political-comeback/news-story/f42fbf08e67a18c8f34e2937618d02fb |title=Former senator Rod Culleton's plans for political comeback |newspaper=[[The Australian]] |first=Andrew |last=Burrell |date=18 November 2018 |accessdate=11 April 2019 |quote=Mr Culleton, a self-described "senator in exile", is also pursuing a challenge to his disqualification last year from federal parliament, sending a lengthy formal appeal last week to the UK House of Lords, the Privy Council and the Queen.}}</ref> The party was formally registered by the [[Australian Electoral Commission]] on 7 April 2019.<ref>{{cite web |url=https://www.aec.gov.au/Parties_and_Representatives/party_registration/Registration_Decisions/2019/the-great-australian-party-notice.pdf |work=Registration of a political party |title=The Great Australian Party |publisher=[[Australian Electoral Commission]] |accessdate=10 April 2019}}</ref><ref>{{cite web |url=https://www.aec.gov.au/Parties_and_Representatives/party_registration/Registration_Decisions/2019/the-great-australian-party-statement-of-reasons.pdf |title=Notice of Party Registration Decision. Application to Register a Non-parliamentary Party in the ''Register of Political Parties'' - Approved The Great Australian Party |publisher=[[Australian Electoral Commission]] |accessdate=10 April 2019}}</ref> Culleton became the party's lead candidate for the Senate in Western Australia in the [[2019 Australian federal election|May 2019 election]]. His nomination was immediately referred to the [[Australian Federal Police]] to clarify the possibility that he had made a false declaration on his nomination form.<ref name="referral">{{cite news |last1=Perpitch |first1=Nicolas |last2=Meachim |first2=Laura |title=Former One Nation MP Rod Culleton's Senate election bid referred to police |url=https://www.abc.net.au/news/2019-04-24/rod-culleton-senate-candidacy-referred-to-federal-police/11044480 |accessdate=26 April 2019 |work=ABC News |date=24 April 2019 |language=en-AU}}</ref> The party recorded 0.2% of the vote, coming 19th of the 23 contesting parties and falling well short of electing a candidate.<ref>{{Cite web|url=https://www.abc.net.au/news/elections/federal/2019/results/senate|title=Senate Results|website=[[Australian Broadcasting Corporation]] }}</ref> During the [[2022 Australian federal election]] Culleton again nominated to stand for the Senate as the leader of the Great Australian Party. The [[Australian Electoral Commission]] issued a statement noting that he may be ineligible to stand as he is listed as an undischarged bankrupt and referred the matter to the Australian Federal Police for investigation.<ref>{{cite web |title=AEC Statement: Mr Rodney Culleton's candidate nomination |url=https://www.aec.gov.au/media/2022/04-22.htm |website=Australian Electoral Commission |access-date=22 April 2022 |language=en-AU |date=22 April 2022}}</ref><ref>{{cite web |title=Rodney Culleton |url=https://www.greataustralianparty.com.au/rodney-culleton |publisher=Great Australian Party |access-date=22 April 2022 |language=en}}</ref> In September 2022, Culleton was charged with giving false information to the AEC when he nominated for the Senate as a candidate for [[The Great Australian Party]]. It was alleged that Culleton was listed as an "undischarged bankrupt" on the National Personal Insolvency Index in April 2022, which would make him ineligible for election. After he failed to appear in the Perth Magistrates Court on September 30, an arrest warrant for him was issued. Speaking in [[New South Wales]], Culleton said the claim he was bankrupt was "absolutely nonsense" and that he had never been bankrupt in the past.<ref>{{cite news |last1=Weber |first1=David |title=Former One Nation senator Rod Culleton denies giving false information to Australian Electoral Commission |url=https://www.abc.net.au/news/2022-10-05/rod-culleton-charged-false-information-electoral-commission/101501698 |access-date=2022-10-10 |work=ABC News |publisher=Australian Broadcasting Corporation |date=2022-10-05}}</ref> ==Personal life== Culleton is separated from wife Ioanna (née Georgiou) who is of [[Greeks|Greek]] heritage. Her family came to Australia in the 1970s, when she was five years old.<ref>{{cite news|last=Burrell|first=Andrew|title=Rod Culleton heir has split views on One Nation policies|url=http://www.theaustralian.com.au/national-affairs/immigration/rod-culleton-heir-has-split-views-on-one-nation-policies/news-story/bb23b9fc2d8a71e42404bafd5223a634?nk=708424bc9e38379bfec7826642d9b0ae-1486166407|accessdate=4 February 2017|work=The Australian|date=11 November 2016}}</ref> While a member of the One Nation Party, Culleton did not support the party position that multiculturalism had failed. He became an advocate for farmers after his own farm at [[Williams, Western Australia|Williams]] was [[foreclosure|foreclosed]] in 2013.<ref name="policy">{{cite news|url=http://www.abc.net.au/news/2016-07-29/one-nation-candidate-rod-culleton-struggles-to-explain-policy/7672646|title=One Nation: Likely WA senator Rod Culleton struggles to defend and explain party policies|publisher=[[ABC News (Australia)|ABC News]]|last=Day|first=Lauren|date=29 July 2016|accessdate=13 January 2017}}</ref> Culleton is linked to at least three companies, including Elite Grains, that were in liquidation in 2016.<ref name="Sky Nov">{{cite news |url=http://www.skynews.com.au/news/politics/federal/2016/11/03/culleton-said-to-owe-creditors--6m.html |title=Culleton said to owe creditors $6m |work=Sky News |date=3 November 2016 |accessdate=7 December 2016}}</ref> ==References== {{reflist|30em}} == External links == * [https://theyvoteforyou.org.au/people/senate/wa/rod_culleton Summary of parliamentary voting for Senator Rod Culleton on TheyVoteForYou.org.au] *{{cite web|url=http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Tabled_Papers/7Nov2016|title=Qualification of senators|publisher=Australian Senate, [[Parliament of Australia]]|date=7 November 2016|accessdate=12 January 2016}} *{{cite web|url=http://www.cefa.org.au/ccf/former-senator-rod-culleton’s-demise-constitution-action|title=Former Senator Rod Culleton's demise: the Constitution in action|publisher=Constitution Education Fund Australia|date=20 January 2017|accessdate=20 January 2017}} {{DEFAULTSORT:Culleton, Rodney}} [[Category:1964 births]] [[Category:Living people]] [[Category:21st-century Australian politicians]] [[Category:People from Narrogin, Western Australia]] [[Category:Members of the Australian Senate]] [[Category:Members of the Australian Senate for Western Australia]] [[Category:One Nation members of the Parliament of Australia]] [[Category:Pauline Hanson's One Nation politicians]] [[Category:Independent members of the Parliament of Australia]] [[Category:20th-century Australian farmers]] [[Category:Farmers from Western Australia]]'