Hinch to refer himself to High Court over US social security card

Crossbencher Derryn Hinch says he will refer himself to the High Court because he has a US social security card that could disqualify him from the Senate under Section 44 of the Constitution.

File image: Derryn Hinch's Justice Party Senator Derryn Hinch

File image: Derryn Hinch's Justice Party Senator Derryn Hinch Source: AAP

The crossbench senator from the Justice Party said he would ask the Senate to refer him to the High Court to settle the matter, despite being sure he was validly elected.

"It'll have to go to the High Court and I'll become person number eight," Senator Hinch said in Cairns on Thursday afternoon, referring to the seven other politicians already heading to the nation's highest court over potential breaches of Section 44. 

"I think I will have to refer this to the High Court, because if I'm clear, and I don't, they'll say 'everyone else did, so what have you got to hide?" he said.

The senator said he had sought legal advice from constitutional experts overnight and would publically release his documents. 

Unlike the other seven cases, Senator Hinch's case does not involve dual citizenship. 

Senator Hinch received a US social security card while he was working in the US as a journalist in the 1960s. 

He is not a US citizen and is no longer entitled to work there. 

Senator Hinch said he paid around 10 years of social security tax and would have been entitled to a US pension.

But he said he wrote to the US social security department asking them to "please freeze" any pension payments after August 30 last year, when he entered parliament. 



"I don’t believe a pension is a privilege," he told ABC Radio on Thursday morning. 

Senator Hinch said he would seek advice from the Solicitor General, the government's lawyer, on whether his links to the US could breach Section 44 of the Constitution. 

He promised to refer himself to the High Court if the advice says he may be in breach. 

Senator Hinch said he had "no idea" who told the Herald Sun newspaper that he holds the US card. "Somebody’s done it, somebody who doesn’t like me," he told the ABC. 

Under Section 44, people are ineligible to hold office if they are a "citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power".
Five members of parliament, including Deputy Prime Minister Barnaby Joyce, face a High Court test of their eligibility to serve as MPs.

Another two MPs, including cabinet minister Fiona Nash, are set to be referred to the court by parliament next week.



Prime Minister Malcolm Turnbull was standing firm against an audit of all MPs on Thursday - as Senator Hinch has called for - insisting the court has seven so- called test cases to consider.

"They will do that in the second week of October so I think we will have the law clarified then," he told the Seven Network.

The citizenship saga claimed its first scalp last month when then-Greens senator Scott Ludlam was alerted to the fact he held dual citizenship with New Zealand.

At the time, Senator Hinch said the barrister who uncovered Mr Ludlam's citizenship bungle was actually after him.

Doubts about Senator Hinch's eligibility came as constitutional expert Professor George Williams said it would be wise for ministers referred to the High Court to step aside.

LNP Senator Matt Canavan resigned from cabinet after discovering his mother had registered him as an Italian citizen without his consent.

Prof Williams on Wednesday said it was difficult to see that any of the seven MPs facing the court had taken reasonable steps to renounce their citizenship of other countries.
 - with AAP


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4 min read
Published 30 August 2017 9:48pm
Updated 31 August 2017 2:22pm
By James Elton-Pym


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