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The Forum > General Discussion > Section 44 part iv Question

Section 44 part iv Question

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Does being on a Disability Pension disqualify a person from standing for a seat in a Federal Election under this rule?
http://en.wikipedia.org/wiki/Section_44_of_the_Constitution_of_Australia
Thanks for your input in advance.
Posted by ban1956, Tuesday, 8 January 2013 9:30:15 AM
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Hi Ban,

I don't know whether you are knowledgeable in Jewish religious law, but your question is a bit like the question: "Is a Jewish priest allowed to marry his widow's sister?"

One is on disability pension because their disability prevents them to work. Being a parliamentarian is a hard job, so how can they do it?
Posted by Yuyutsu, Tuesday, 8 January 2013 11:31:07 AM
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Yuyutsu, that's a common sense response, something that I fear is fast becoming foriegn in this world of PCisum.

No doubt some baton carrier for the anti discrimination brigade will have an argument to suggest otherwise.
Posted by rehctub, Tuesday, 8 January 2013 4:40:18 PM
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Welcome mate.
And do not let the posters like that one stop you.
Go for it, and in my view if and once elected you MAY have to give up the pension.
As you THEN not before would be working.
Posted by Belly, Tuesday, 8 January 2013 6:52:43 PM
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My understanding of this section44 is that if you are in receipt of a Government pension, other than from armed forces , you can't stand for election.

I don't see it as precluding people with disabilities as such, just those on a pension already.
Previous Senator Graham Edwards had a disability, but was an effective senator.

What surprised me most was the fact you could have been imprisoned as a criminal for up to one year, and still be eligible for election!
Posted by Suseonline, Tuesday, 8 January 2013 6:56:00 PM
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Dear Suse,

<<What surprised me most was the fact you could have been imprisoned as a criminal for up to one year, and still be eligible for election!>>

It's not your sentence that count, but the maximum sentence for the offence you are convicted of.

So if you are convicted of an offence that carries a maximum one year jail, even if you are only sentenced to pay a fine and have not paid it yet, or to do community service which you haven't completed, or got a suspended sentence that is still in force or even are on a good-behaviour bond, you cannot be elected or retain your seat.

OTOH, if you are convicted of 3 different offences for which the maximum sentence is 6 month jail (or 3 counts of that same offence) and are sentenced to 18 month jail, you can still be elected or retain your parliamentary seat.

In any case, once you complete serving your sentence, including parole time, you can again be elected, unless you were convicted of treason.

Dear Belly,

<<And do not let the posters like that one stop you.>>

I am not stopping him/her in any way - see my Jewish-law question!
Posted by Yuyutsu, Tuesday, 8 January 2013 7:21:22 PM
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