FORMER WA Senator and anti-farm-debt-banking crusader Rod Culleton is being pursued for about $700,000 by the Commonwealth government over debts related to his six months service in federal parliament.
Mr Culleton has returned to farming in Kojonup since being disqualified from parliament in February, after the High Court ruled he was ineligible to stand at last year’s July 2 election due to constitutional electoral rules regarding convictions and sentencing.
The former One Nation Senator was first advised of his options over the Commonwealth taxpayer debt, in a letter sent by the Department of Finance’s division of Ministerial and Parliamentary Services, on May 12.
That letter said under the Public Governance, Performance and Accountability (PGPA) Act, the Department of Finance (for non-salary payments) and Department of the Senate (for salary payments) had obligations to pursue the debt.
Another letter sent on May 19 – also seen by Fairfax Agricultural Media – has now outlined the exact amounts of the various no-salary payments accrued by Mr Culleton.
The letter from Jason Ford, the First Assistant Secretary, Ministerial and Parliamentary Services - seen by Fairfax Media - said the Commonwealth non-salary payments made to the former Senator, or on his behalf, included; $16,150.08 in superannuation; $188,601.96 in benefits; and $375,243.22 in staff salary and other payments.
Mr Culleton has been given until May 30 to advise the government how he plans to handle the matter with his options including making an application to waiver the debt which would be a decision by Special Minister of State Scott Ryan.
Mr Ford’s letter said a waiver of the debt under section 63 of the PGPA Act would mean it was extinguished and could not be pursued in future.
“I also wish to advise that the Department of Finance considers that, as you are responsible for the amounts above having been expended by the Commonwealth, no debts will be pursued against third parties including suppliers and persons (employed),” the letter said.
Mr Culleton also has the option of providing evidence about his financial circumstances for consideration by the Department.
At the same time Mr Culleton was disqualified from parliament by the High Court, he was also declared bankrupt in the Federal Court following a long-running legal action over a $205,000 claim from a soured farm property sale and lease arrangement, and sale of oats contract, against his former farming neighbour at Williams in the WA Wheatbelt, Dick Lester.
Mr Culleton said he wouldn’t be asking the government to waive the debts because it would be an admission.
“I’m not going to admit to something that is wrong and hasn’t been tested at law,” he said.
Mr Culleton said he couldn’t be subject to sentencing – for the alleged theft of a $7.50 tow truck key – as he was originally convicted in absentia in a NSW court over the larceny charge that was later annulled, after his election.
He said he informed the Senate Clerk that he should be “restrained” from voting in the Senate, while the High Court, sitting as the Court of Disputed Returns, considered the matter but was told he was a duly elected Senator, sworn in, and therefore responsible to vote “and that’s what I did”.
Mr Culleton said he also wants Attorney General George Brandis to clarify his original referral of the matter to the High Court and wording of the legal question, concerning his election eligibility.
He said including his six-month salary payments of about $100,000, the total debt amount to the Commonwealth was close to $700,000.
But when serving in parliament, he minimised costs due to having an “efficient team” and not filling two or three of the staff vacancies open to him, he said.
“We were very cost-conscious,” he said adding that he used his own mobile phone and car and never sought to be reimbursed for the use of his own private vehicle.
Mr Culleton said the government’s claim in the order of $700,000 was “a serious amount of money” considering he and his staff did the work that he was elected to do, including voting on actual legislation.
“I effectively got a lot of jobs done – but the big question is; what does this say about everything that was passed in the parliament?”
Mr Culleton’s disqualification triggered a special recount of the WA Senate vote which saw his brother-in-law Peter Georgiou elected for One Nation.
Mr Culleton has referred to himself as a “Senator in exile” in official correspondence including a recent petition seeking to contest his disqualification in trying to reclaim his Senate position.
NSW Liberal Democratic Senator David Leyonhjelm and SA Senator Nick Xenophon have supported Mr Culleton not having to repay the debt to the Commonwealth or to be pursued for it, having been duly elected and then subsequently performed the required work.
They have also questioned the value of the government using taxpayer resources in pursuing such a debt.