Mal Colston
Encyclopedia
Malcolm Arthur "Mal" Colston (5 April 1938 – 23 August 2003), Australia
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 politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...

, was a Senator
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...

 in the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

 representing the state of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

 between 1975 and 1999. He was a member of the Australian Labor Party
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...

 (ALP) until 20 August 1996, but then resigned from the party and sat as an independent until his retirement from the Senate.

Early life

Colston was born in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...

, and joined the Labor Party at the age of 19 holding several branch positions in the party before unsuccessfully nominating for selection as a Senate candidate at the age of 23. He qualified as a teacher, and taught in several primary schools whilst completing a doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...

 in educational psychology at the University of Queensland
University of Queensland
The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation...

. He attempted and failed on two further occasions to gain Senate selection, later writing a book, The Odd One Out, about his political experiences.

Role in 1975 constitutional crisis

Colston indirectly played a role in the 1975 Australian constitutional crisis.

On 30 June 1975, Queensland ALP Senator Bertie Milliner
Bertie Milliner
Bertie Milliner was an Australian trade unionist, politician and Senator, representing the Australian Labor Party . He would have been a minor figure in Australia’s political history but for the events that followed his sudden death...

 died suddenly. The Labor Party nominated Colston to fill the casual vacancy in the Senate. The Constitution provides that a Senate casual vacancy is filled by a person chosen by the relevant state parliament. Although it did not become a constitutional requirement until 1977, it had been long-standing convention that the state parliament choose a person nominated by the departing Senator's party. However, the Premier of Queensland
Premiers of Queensland
Before the 1890s, there was no developed party system in Queensland. Political affiliation labels before that time indicate a general tendency only. Before the end of the first decade of the twentieth century, political parties were more akin to parliamentary factions, and were fluid, informal and...

, Joh Bjelke-Petersen
Joh Bjelke-Petersen
Sir Johannes "Joh" Bjelke-Petersen, KCMG , was an Australian politician. He was the longest-serving and longest-lived Premier of Queensland, holding office from 1968 to 1987, a period that saw considerable economic development in the state...

, claimed that Colston was a "dangerous socialist" and refused to appoint him. Officially though, Bjelke-Petersen expressed doubts over Colston's integrity and instead appointed Albert Field
Albert Field
Albert Patrick Field was an Australian who was a French polisher plucked from obscurity to become a Senator in 1975. The circumstances of his appointment were instrumental in precipitating the 1975 Australian constitutional crisis.Queensland ALP Senator Bertie Milliner died suddenly on 30 June 1975...

, who was a member of the Labor Party but was staunchly opposed to the policies of the Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...

 Labor government.

The ALP challenged Field's appointment in the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

, and he was on leave from the Senate almost from the day of his appointment. This gave the Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...

 a greater advantage, and it was therefore a crucial event in the events leading up to the dismissal of the Whitlam government.

Labor Senator

At the ensuing 1975 election
Australian federal election, 1975
Federal elections were held in Australia on 13 December 1975. All 127 seats in the House of Representatives, and all 64 seats in the Senate were up for election following a double dissolution of both Houses....

, Colston was elected as a Labor senator. He continued to serve in that capacity until 1996.

From 1993 until his retirement from the Senate, he was a joint Father of the Senate, along with Brian Harradine
Brian Harradine
Richard William Brian Harradine , Australian politician, was an independent member of the Australian Senate from 1975 to 2005, representing the state of Tasmania. He was the longest-serving independent federal politician in Australian history, and a Father of the Senate.He was born in Quorn, South...

.

Resignation from the Labor Party

After the 1996 election, the Labor Party refused to nominate Colston to become Deputy President of the Senate
President of the Australian Senate
The President of the Australian Senate is the presiding officer of the Australian Senate, the upper house of the Parliament of Australia. The presiding officer of the lower house is the Speaker of the House of Representatives....

. In a bid to win him over, the Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....

 Coalition
Coalition (Australia)
The Coalition in Australian politics refers to a group of centre-right parties that has existed in the form of a coalition agreement since 1922...

 government offered to support him. Colston resigned from the Labor Party by fax message at 11:30 a.m. on 20 August, and he took his seat as an independent that afternoon. In the evening, he was elected Deputy President, on the nomination of the Coalition. Whilst he opposed the Coalition's industrial relations package, he voted for the sale of a third of Telstra
Telstra
Telstra Corporation Limited is an Australian telecommunications and media company, building and operating telecommunications networks and marketing voice, mobile, internet access and pay television products and services....

 and some other government initiatives. Colston subsequently sat as a "Queensland First" senator.

Travel allowances scandal

In 1997, Colston was charged by the Commonwealth Director of Public Prosecutions with 28 charges of defrauding the Commonwealth by allegedly misusing his parliamentary travel allowance. He then revealed that he was suffering from cancer. Prosecution was not pursued after medical opinion was provided that Colston was unlikely to live long enough for a trial to be completed. In the event, he survived for a further six years. He retired from the Senate at the end of his term on 30 June 1999.

Death and estate

Colston died of colon cancer on 23 August 2003. He appointed his wife, Dawn Colston, as executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...

and trustee of his will, however Dawn died eleven months later before she had disposed of her husband's will. Dawn had appointed her brother, Brian McMullen, as executor of her will. The Colstons' son, Brian Colston, then initiated legal action against McMullen, claiming he was entitled to half the income of his parents' estates. The case was ongoing as of September 2011.
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