- Crossbencher is reportedly considering referring himself to the High Court
- Senator Hinch still holds social security card, making him eligible for a pension
- He said he has written to US officials instructing them not to pay that pension
- Section 44 of the constitution disqualifies dual-nationals and those ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’
Crossbencher Derryn Hinch is reportedly considering referring himself to the High Court over links to the United States that could disqualify him from the Senate.
Senator Hinch told the Herald Sun he still held a social security card from when he lived in the US, making him eligible for a pension.
‘I plan to raise the issue with the Solicitor-General and, if necessary, will refer myself to the High Court acting as the Court of Disputed Returns,’ he told the newspaper on Wednesday.
Crossbencher Derryn Hinch (pictured) is reportedly considering referring himself to the High Court over links to the United States that could disqualify him from the Senate
Section 44 of the constitution disqualifies dual-nationals and those ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’.
‘I paid a special social security tax for 10 years, on top of regular income tax, which makes me entitled to a pension,’ Senator Hinch said.
‘I did write to the US Social Security Department instructing them not to pay that pension because I was now a senator.’
Another five members of parliament, including Deputy Prime Minister Barnaby Joyce, face a High Court test in October of their eligibility to serve as MPs.
An additional two MPs, including cabinet minister Fiona Nash, are set to be referred to the court by parliament next week.
Another five members of parliament, including Deputy Prime Minister Barnaby Joyce (right), face a High Court test in October of their eligibility to serve as MPs
An additional two MPs, including cabinet minister Fiona Nash (pictured), are set to be referred to the court by parliament next week