From my reading of Section 44.4 (why are we still using roman numerals when the regular numerals are so much easier?) and it's exceptions it says that disability pensioners are excluded - along with anybody else receiving Centrelink benefits, public servants of all stripes and members of the RAAF: the exclusions only seem to apply to members of the AA (Australian Army) and RAN (Royal Australian Navy).

It seems a bit odd that only some soldiers can run for government - RAAF soldiers need not apply.

But why are you asking this question on this forum? I've given my two cents and that's about all it's worth as legal advice: I'm a chef. Your best bet would be to address this question to your local MP because
1) He knows the system. He's played the system. He's part of the system. I think it's fair to say that he understands the system better than just about anybody.
2) He almost certainly has a law degree. I've heard our political system referred to as 'representative' democracy but it's BS: damn near every MP is a lawyer by trade. There are very few engineers, scientists, teachers, doctors, architects, nurses or any other representatives of vital professions. There are definitely no chefs - probably no tradesmen of any variety. So much for 'representative' democracy.

Your local MP may not have much in the way of general or practical knowledge, but he's probably a law nerd and so he'd be your best bet for good answers to legal questions.

Cheers,

Tony

No incompetent crook could be a politician if the voters had brains. The present situation being a perfect example.

The AEC Electoral Backgrounder - Constitutional, Disqualifications and Intending Candidates, April 2010 unhelpfully says:

"29. The second part of the s. 44(iv) disqualification refers to a person in receipt of a “pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth”. this part of the provision has not yet been judicially considered. However, it is unlikely that pensions payable under the Social Security Act 1991 (Cth) or other legislation conferring similar benefits, or superannuation entitlements, would disqualify an intending candidate. "

The court case to see if anti-discrimination law on the basis of disability trumped this section would be interesting...

Further:

"41. Candidates make a declaration on the nomination form and the AEC is required to accept this declaration at face value for the purposes of nomination. If the qualifications of a candidate are found during or after the election to lack credibility, then proceedings can be instituted against the candidate in the Court of Disputed Returns after the election, which could result in the election being voided. other proceedings in the lower courts could result in a candidate being convicted for the offence of providing false and misleading information on a nomination form."

Decide whether you are satisfied with the wording of the declaration. If so, sign and stand.

(Probably wise to have the pro bono legal team in place to save time when contested in the Court of Disputed Returns.)

Thanks for all the thoughts and advice. I have asked a MP to look into the matter for me but I thought I'd do a bit of research myself. I am standing as a candidate in the next Federal Election and a reference was made in the press by the sitting member about all candidates must make sure they fully comply with section 44. I am on a Disability Pension so it could only have been directed at me. This person is also my local Federal MP so you see part of my problem. I'm trying to find out if I will have to hand in the pension when I officially nominate to avoid being excluded and a by election if I win. I also noticed in the notes on that section that a deal has been done for Public Servants that they can resign and then be given their job back if they lose. I wonder if the same can be done for a Pensioner?

>>I also noticed in the notes on that section that a deal has been done for Public Servants that they can resign and then be given their job back if they lose. I wonder if the same can be done for a Pensioner?<<

A pension isn't a job so you can't resign. You can stop receiving it then re-apply for it later. Assuming the nature of your disability hasn't changed, you shouldn't have any trouble being reinstated for the pension.

Cheers,

Tony

Firstly, I should clarify my previous post, as there are varying degrees of disability, with some Only receiving a part pension, and these people are quite capable of performing certain tasks.

From memory, Churchill was in a wheel chair I thought. Or was it someone else?

Yuyutsu says...If you don't want someone who has been in jail to represent you, then just don't vote for them.

Yes but that's only after they have made it through pre selection.

Some may argue that a more able person would have been a better alternative.