Australia's leading constitutional expert has stated that One Nation senator Tyron Whitten could be in breach of section 44 of the Australian constitution over a family company that holds contracts to help build Snowy Hydro. This raises the possibility that Whitten may be ineligible to sit in parliament.
Expert Opinion on Potential Disqualification
Professor Anne Twomey, a prominent constitutional law scholar, noted that while Whitten could mount a strong defense, the case is not straightforward. She highlighted that if the High Court follows the precedent set in the disqualification of former senator Bob Day—who was ruled ineligible due to an indirect pecuniary interest—then Whitten may face disqualification. The outcome depends on factors such as the timing of his shareholdings and the nature of his involvement with Whittens Group, the company awarded a $75 million contract for Snowy Hydro 2.0.
Details of Whitten's Shareholdings
Whitten, elected as a senator for Western Australia in the 2025 federal election, disclosed shareholdings in Whittens Group Pty Ltd and his directorship of trustee company T & A Whitten Holdings Pty Limited in his parliamentary register of interests. Corporate records show that T & A Whitten Holdings held shares in Whittens Group until 29 July 2025, after which the shares were transferred to his brother's company, C & L Whitten Holdings. In his maiden speech on the same date, Whitten stated he was no longer part of Whittens Group. However, the shareholding was deleted from his register on 4 June 2025, reportedly after inquiries from The Australian newspaper.
Pauline Hanson's Defense
Pauline Hanson has rejected claims that Whitten is ineligible, arguing that Snowy Hydro is a public company, not a government department. She criticized Coalition members for raising concerns, calling them hypocrites and urging them to focus on fixing the country instead of targeting One Nation.
Legal Framework and Precedent
Section 44 of the Australian constitution disqualifies anyone with a direct or indirect pecuniary interest in an agreement with the Public Service of the Commonwealth. Twomey explained that while Snowy Hydro is not part of the public service, the Commonwealth owns shares and provides funding, which could influence the court's interpretation. The High Court's broad view in the Bob Day case, which focused on preventing personal financial interests from influencing parliamentary conduct, may be applied. Twomey noted that the court could take either a literal or broad interpretation, with the latter potentially leading to disqualification.
Political Implications
Liberal senators James McGrath and Jonno Duniam have called for Hanson to refer Whitten for legal scrutiny, but it remains unclear if the opposition will pursue this. Labor has indicated it will not seek a referral. The matter could be examined by the High Court if parliament votes to refer it or if a petition is filed within 40 days of election writs being returned.
