South Australia's former deputy premier Vickie Chapman could be forced to quit politics sooner than she intended, following an obscure dispute with the parliamentary Speaker over whether her resignation has already taken effect.
But Ms Chapman has hit back, saying she has not in fact resigned — only given notice of her intention to do so.
The long-serving Liberal member for Bragg, and former attorney-general, last month announced she would be leaving politics in the wake of the Liberal Party's election loss.
Speaker Dan Cregan has since written to Ms Chapman to question whether her resignation as an MP has now taken effect, because of the terms of the South Australian Constitution.
In a letter to Ms Chapman, Mr Cregan referred to an earlier letter from her in which she gave notice and said she intended for her resignation to take effect on May 31.
In response, Mr Cregan pointed to Section 30 of South Australia's Constitution Act 1934, which deals with parliamentary resignations and states that, "upon the receipt of such resignation by the Speaker, the seat of the member shall become vacant".
"I've sought and received advice on this important issue," Mr Cregan said in a statement.
"SA's constitution doesn't appear to allow a member to resign but choose some future date on which their resignation may be effective.
If Ms Chapman is forced out earlier than intended, it would leave the Liberal opposition facing the prospect of contesting a by-election to retain the blue-ribbon seat of Bragg just after the federal election.
Mr Cregan said he was preparing to issue the writ on Monday for that by-election — but Ms Chapman has since hit back at those moves.
In a statement on Sunday, she confirmed she had received Mr Cregan's reply to her original letter, but disputed his interpretation of it as a resignation letter.
"I confirm I have given notice of my intention to resign," she said.
In his letter to Ms Chapman, Mr Cregan had anticipated such an argument, saying it could be debated that Ms Chapman's letter to him was not itself a resignation — merely an expression of an intention to resign.
But he said that, if Ms Chapman disputed the matter, it would be up to parliament's lower house — which is now dominated by Labor — to determine an outcome.
Bragg getting 'two-finger salute', Labor says
If Ms Chapman is forced to go early, a by-election in Bragg poll could be held as soon as June — sending voters in the Adelaide seat back to the ballot box two weeks after the federal election.
It would also prevent the Liberal Party pre-selecting a candidate who is running in the federal election.
Bragg is a safe seat but its margin was halved to 8 per cent at the state election and Labor candidate Rick Sarre has indicated he is willing to run again.
Mr Cregan quit the Liberals in October and, weeks later, acceded to the speakership during a tumultuous late-night sitting of parliament.
Labor last week committed to re-endorsing him as Speaker when parliament resumes this week, and on Sunday rejected suggestions that that decision had been calculated to exploit Liberal factional rancour.
"I think Dan Cregan has done an excellent job as the Speaker," Health Minister Chris Picton said.
Mr Picton accused the Liberals of running an "absolute circus" and called on Opposition Leader David Speirs to commit to holding any further by-elections on the same day as Bragg's.
"Since the election, we've had this complete, absolute, utter circus in terms of what's happening in terms of Vickie Chapman, when she's going," Mr Picton said.
Ms Chapman told colleagues of her plan to quit on the same day they met to elect Mr Speirs as the party's new leader.
She still has not made a public statement about her resignation on her website or social media, and is awaiting findings from an ombudsman's inquiry into decisions she made as planning minister and attorney-general under the previous state government.
She quit as deputy premier and planning minister, and stood aside as attorney-general, in November and was suspended from parliament amid that investigation.
