Rod Culleton

Rodney Norman Culleton (born 5 June 1964) is an Australian politician who was sworn in and sat as a Senator for Western Australia following the 2016 federal election.

On the same day, the High Court determined that Culleton had, in any case, been ineligible for election to the Senate due to a criminal matter in New South Wales.

[6] On 18 December 2016 Culleton announced on Twitter that he had resigned from One Nation, citing a lack of party support and "un-Australian behaviour".

Party leader Pauline Hanson responded that Culleton had been "a pain in my backside" and that she was "glad to see the back of him".

[7] Culleton was involved in a long and complex history of legal proceedings in relation to claims he owed money to a number of different companies.

[2][8] The court granted a 21-day stay on proceedings under the sequestration order, with Culleton announcing that he would appeal the decision.

Under Sections 44 and 45 of the Constitution of Australia, a Senator who faces an undischarged bankruptcy during his term automatically forfeits his seat.

[29] After receiving an official copy of the trial judgment from the Federal Court as well as documentation from the Inspector-General in Bankruptcy, on 11 January the President of the Senate, Stephen Parry, wrote to the Governor of Western Australia, Kerry Sanderson, to notify her that Culleton's seat had become vacant due to his having become an undischarged bankrupt on 23 December 2016.

[31] Culleton immediately announced that he would lodge a High Court challenge to the President's ruling as "premature" since the 21-day stay was to run until 13 January.

[39] Culleton then pleaded guilty to the offence, and was ordered to pay the truck driver's costs but a conviction was not recorded.

[40] A second, unrelated, larceny charge, concerning a hire car in Western Australia in March 2015, has not yet been heard in a court.

While the receivers were inside the farm house talking to Mr Dixon, the hire car was blocked in by hay bales.

He did not enter a plea and indicated that he intended to elevate the case to the High Court of Australia on constitutional grounds.

[46] The High Court had previously observed that the disqualification is not simply for the conviction for an offence, nor serving time in prison.

[50][51][52][53] The majority stated, in an introductory summary of their judgment (with which Nettle J differed only as to reasoning):[54] Senator Culleton was a person who had been convicted and was subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election.

Parry stated that this did not invalidate any Senate proceedings in which Culleton had taken part, by reference to the High Court decision in Vardon v O'Loghlin.

Culleton commented that he intended to appeal the High Court judgment against him to the Privy Council: on being reminded that this has been virtually impossible since the Australia Act 1986, he said that he disagreed.

Other policies of the proposed party were to remove personal income tax, nationalise the Commonwealth Bank and abolish the Family Court of Australia.

[67][68] In September 2022, Culleton was charged with giving false information to the AEC when he nominated for the Senate as a candidate for The Great Australian Party.

It was alleged that Culleton was listed as an "undischarged bankrupt" on the National Personal Insolvency Index in April 2022, which would make him ineligible for election.