Mark Latham’s plan to expand the One Nation team in NSW’s upper house by quitting and recontesting his spot is “devilishly clever” and probably permissible, a prominent barrister says.
Latham outlined his plan in The Sydney Morning Herald on Wednesday: to quit, fill the casual vacancy with another One Nation candidate, and then stand in the March election at the top of the ticket, increasing the party’s seats in state Parliament. He has sought advice from Parliament about whether it would be allowed.
Latham has one other One Nation colleague in the NSW Parliament, Rod Roberts, who also sits in the upper house. Both were elected in 2019 to eight-year terms.
Geoffrey Watson SC, a former counsel assisting the ICAC and a prominent integrity advocate, said: “I notice that Latham has said he wishes to take legal advice on it. My preliminary view is that it’s probably permissible. But it does involve a rather cynical manipulation of electoral laws.
“If the motivation for that is for personal advantage, then that could be a breach of public trust. But if the motivation is purely party political, the position is less clear.”
Latham said it was incorrect to say he had sought legal advice. “I’ve got no interest in Crikey,” he said, and added: “Watson is an idiot. I’m not taking any legal advice, that’s incorrect. I’m seeking reelection which is an expression of public trust.”
He said he had contacted the Parliament’s clerks to ask “about procedure, that’s all”.
Watson said: “Being called an idiot by Mark Latham is a badge of honour.”
Latham’s strategy appears to be double the number of One Nation MPs in the upper house. He would achieve that by keeping Roberts where he is, and filling the casual vacancy created by his departure with a candidate of the party’s choosing.
The next step would be to hopefully attract enough One Nation voters by virtue of Latham’s name being on the ticket to get two more seats at the March election, including the one he would occupy.
“That’s what his strategy is — and it would also mean he bought himself another eight years,” a state Labor MP said.
Unlike in the lower house, upper house vacancies do not trigger byelections.
President of the upper house Liberal MP Matthew Mason-Cox declined to comment.
