Greens deputy leader who left New Zealand aged three says he was previously unaware of his dual citizenship status, but admits he should have checked • Dual citizenship: why does Scott Ludlam have to resign? – explainer

This article is more than 3 years old

This article is more than 3 years old

The Australian Greens senator Scott Ludlam is resigning after it emerged that he holds dual citizenship with New Zealand.

Ludlam’s dual citizenship status is likely to breach the constitution and renders his re-election invalid.

The senator left New Zealand when he was three years old, and only learned of his continuing citizenship last week, while in New York working on the United Nations ban on nuclear weapons.

Ludlam has decided not to fight a looming high court challenge.

On Friday afternoon the party’s co-deputy leader offered an apology to his supporters and those who helped him return to parliament this year after three months’ leave to treat depression and anxiety.

He described the mistake as an “avoidable oversight” that was “entirely my responsibility”.



“It wasn’t the way I was hoping to go out,” Ludlam told reporters on Friday. “There is an enormous amount of work left undone.”

I am personally devastated to learn that an avoidable oversight a decade ago compels me to leave Scott Ludlam

Scott Ludlam (@SenatorLudlam) hey everyone. i'm sorry about this, but it's a thing. i'll really miss it, but there are other ways to make trouble. love and thanks. pic.twitter.com/1QsEgRIEnW

The resignation of Ludlam, who is popular politically among the Greens’ base, has gutted the party.



It also creates complications in the Senate, where his seat could remain vacant for months.

Dual citizenship explainer: why does Scott Ludlam have to resign? Read more

The debate on Friday also prompted former prime minister, Tony Abbott, to tweet evidence that he had renounced his former British citizenship.

He was prompted to tweet by senator, Derryn Hinch, who has long pursued rumours about Abbott’s eligibility.

Derryn Hinch (@HumanHeadline) The Ludlam dual citizenship resignation should re-ignite the Tony Abbott dual citizenship debate. When did he renounce Britain?

Tony Abbott (@TonyAbbottMHR) FYI rumour mongers: I renounced my UK citizenship in 1993 and here's the proof: pic.twitter.com/tHAeJeqo5T

Ludlam’s resignation is likely to eventually prompt a recount, and it is understood the seat would go to 22-year-old disability activist, Jordan Steele-John, who was third on the Greens’ West Australian ticket at the double-dissolution election where both Ludlam and Rachel Siewert were elected.

Steele-John is unsure whether he will take the Senate spot.

“Luckily there’s a lot of process in the Senate, the court and the party before any of that becomes something to think about,” he said in a statement on Friday.

“If it comes down to it, I’d be happier putting the choice of candidate back into the hands of our party membership. But like everyone else in the party I’m going to be spending the next week in sad shock and/or swearing loudly into a pillow.”

If he decides against taking the seat, he would immediately resign, creating a casual vacancy. That would spark a preselection process within the Greens that could take until the end of the year to complete. The Greens would be left without an important Senate vote in the meantime.

The constitution bars dual citizens from eligibility for election, unless they can show they have taken reasonable steps to sever foreign ties. Ludlam has taken no such steps.

He was born in Palmerston North in New Zealand’s North Island in 1970, but assumed his New Zealand citizenship was renounced when he was naturalised as an Australian in his mid-teens.

Greens deputy leader Scott Ludlam takes leave of absence to treat depression and anxiety Read more

Ludlam said he had no cause to even consider his dual citizenship until he received an email from a West Australian barrister last week. The barrister, who Ludlam has chosen to protect as a whistleblower, informed him of his dual citizenship and warned a high court challenge was planned.

If he chose to do so, Ludlam could fight the case. He could either seek to convince the Senate not to refer him to the court of disputed returns, or mount a case in the court itself.

Ludlam would need to rely on the fact he was oblivious to his New Zealand citizenship, which the high court has previously ruled can be taken into account.

But his office is understood to have legal advice that gives a bleak assessment of his chances. In 1998 the One Nation senator Heather Hill was deemed ineligible to take her seat after it was revealed she was a dual UK-Australian citizen.

“I am personally devastated to learn that an avoidable oversight a decade ago compels me to leave my colleagues, supporters and my wonderful team,” Ludlam said.

“You are the people who entrusted me as your candidate and sent me to parliament, and you are the people who turned out in force as we fought an unprecedented byelection in 2014.

“You supported me through the challenges of the past year and gave me the strength to return to the political arena. You know who you are, and I’ll never forget your support.”

Ludlam’s resignation creates a situation similar to that of the former senator Bob Day last year.

Typically, when a senator resigns, a casual vacancy is declared and a replacement is selected from the same party. But because there were questions about Day’s eligibility, the matter was referred to the court of disputed returns for determination.

In Day’s case, the high court found he was ineligible, and should therefore be replaced by a countback.

The Greens leader, Richard Di Natale, said Ludlam’s handling of the issue showed “his absolute integrity and character”.

“In the coming days and weeks we will finalise what this means in terms of Scott’s vacated seat. In the meantime, let’s reflect on the tremendous contribution that Scott has made to this nation and to the Greens,” Di Natale said.



“It has been an honour to sit in the Senate with Scott, and to have him as a deputy leader. Scott’s tenacity, creativity, strength and intelligence should be an inspiration to us all.”

Ludlam has been a senator since 2008, and became deputy leader of the Greens in 2014. He said he had no plans for an immediate political comeback.

“Never say never to anything but too soon,” Ludlam said. “This is a departure, not an announcement of a potential candidacy sometime into the future.”

Ludlam counted among his achievements his campaigns against a nuclear waste dump, the Roe 8 highway extension and the proposed internet filter.

Asked whether he was concerned the Department of Finance would seek to recover nine years’ salary, Ludlam responded: “Taxpayers will be devastated to discover that will be millions of dollars.”

“My total assets amount to a fast computer and nice shoes. We will petition them, if they come after us, for the kind of relief that was offered to senators Day and Culleton.”