Lindsay by-election, 1996
Encyclopedia
The 1996 Lindsay by-election was held in the Australia
n electorate of Lindsay
in New South Wales
on 19 October 1996. The by-election
was triggered by a ruling of the Court of Disputed Returns
that the election of the Liberal Party
candidate Jackie Kelly
was invalid, due to her citizenship status and employment by the Royal Australian Air Force
. The writ for the by-election was issued on 16 September 1996.
won the seat of Lindsay from Labor
's Ross Free
at the 1996 federal election – a surprise win as Lindsay was considered a safe Labor seat. However, Kelly's election was challenged on two counts: that she had not renounced her New Zealand
citizenship (Section 44 of the Australian Constitution states that "a subject or citizen of a foreign power" is ineligible to stand for federal parliament), and that at the time of her nomination as a candidate she was employed as a legal officer for the Royal Australian Air Force
(s. 44 also prohibits any person who "holds any office of profit under the Crown" from election to parliament). The Court of Disputed Returns
ruled on 11 September 1996 that Kelly's election was indeed constitutionally invalid, and a by-election was called several days later. Kelly, by this time, had resigned from the RAAF and renounced her New Zealand citizenship, and was eligible to stand as a candidate in the by-election.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n electorate of Lindsay
Division of Lindsay
The Division of Lindsay is an Australian Electoral Division in the state of New South Wales. It is located in the outer western suburbs of Sydney, and is centred around Penrith. It also includes the suburbs of Castlereagh, Mulgoa and Werrington....
in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
on 19 October 1996. The by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
was triggered by a ruling of the Court of Disputed Returns
Court of Disputed Returns (Australia)
The Court of Disputed Returns in Australia is a jurisdiction established by Part XXII of the Commonwealth Electoral Act. The jurisdiction is exercised by the High Court of Australia, which can refer cases to the Federal Court...
that the election of the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
candidate Jackie Kelly
Jackie Kelly
Jacqueline Marie Kelly , former Australian politician, was a Liberal member of the Australian House of Representatives from March 1996 until November 2007, representing the Division of Lindsay, New South Wales.-Early career:...
was invalid, due to her citizenship status and employment by the Royal Australian Air Force
Royal Australian Air Force
The Royal Australian Air Force is the air force branch of the Australian Defence Force. The RAAF was formed in March 1921. It continues the traditions of the Australian Flying Corps , which was formed on 22 October 1912. The RAAF has taken part in many of the 20th century's major conflicts...
. The writ for the by-election was issued on 16 September 1996.
Background
Jackie KellyJackie Kelly
Jacqueline Marie Kelly , former Australian politician, was a Liberal member of the Australian House of Representatives from March 1996 until November 2007, representing the Division of Lindsay, New South Wales.-Early career:...
won the seat of Lindsay from Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
's Ross Free
Ross Free
Ross Vincent Free is an Australian politician, and was a Labor member of the Australian House of Representatives representing the seat of Macquarie from 1980 until 1984, then Lindsay from 1984 until 1996...
at the 1996 federal election – a surprise win as Lindsay was considered a safe Labor seat. However, Kelly's election was challenged on two counts: that she had not renounced her New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
citizenship (Section 44 of the Australian Constitution states that "a subject or citizen of a foreign power" is ineligible to stand for federal parliament), and that at the time of her nomination as a candidate she was employed as a legal officer for the Royal Australian Air Force
Royal Australian Air Force
The Royal Australian Air Force is the air force branch of the Australian Defence Force. The RAAF was formed in March 1921. It continues the traditions of the Australian Flying Corps , which was formed on 22 October 1912. The RAAF has taken part in many of the 20th century's major conflicts...
(s. 44 also prohibits any person who "holds any office of profit under the Crown" from election to parliament). The Court of Disputed Returns
Court of Disputed Returns (Australia)
The Court of Disputed Returns in Australia is a jurisdiction established by Part XXII of the Commonwealth Electoral Act. The jurisdiction is exercised by the High Court of Australia, which can refer cases to the Federal Court...
ruled on 11 September 1996 that Kelly's election was indeed constitutionally invalid, and a by-election was called several days later. Kelly, by this time, had resigned from the RAAF and renounced her New Zealand citizenship, and was eligible to stand as a candidate in the by-election.
Results
Aftermath
Jackie Kelly won the by-election with an even larger majority – a swing of 4.97% in her favour.External links
- Lindsay (NSW) By-Election (19 October 1996), Australian Electoral CommissionAustralian Electoral CommissionThe Australian Electoral Commission, or the AEC, is the federal government agency in charge of organising and supervising federal elections and referendums. State and local government elections are overseen by the Electoral Commission in each state and territory.The Australian Electoral Commission...