This article is more than 3 years old

This article is more than 3 years old

The embattled former One Nation senator Rod Culleton has been officially disqualified from parliament.

The Senate president, Stephen Parry, has notified the West Australian governor, Kerry Sanderson, that Culleton’s WA Senate seat is vacant.

Culleton was declared bankrupt by the federal court almost three weeks ago, leading to his dismissal from parliament.

“I have now received from the Inspector-General in Bankruptcy and the Federal Court Registry copies of documentation recording the status of Rodney Norman Culleton as an undischarged bankrupt as a consequence of the sequestration order issued by the Federal Court on 23 December 2016,” Parry said in a statement on Wednesday.

“I have informed Senator Culleton and notified the Governor of Western Australia, Her Excellency the Honourable Kerry Sanderson AC, in accordance with section 21 of the Constitution, that there is a vacancy in the representation of that state as a consequence of the disqualification of Senator Culleton.

“I have also advised party leaders and independent senators of this development,” he said.

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Parry says who fills the vacancy left by Culleton’s departure will be a matter for the high court.



That decision will be determined by the outcome of a separate legal matter being heard in the high court over Culleton’s eligibility to contest the 2 July election after a larceny conviction, which was later annulled.



If the high court rules Culleton’s election was invalid then it may order a vote recount which could result in Culleton being replaced by his brother-in-law Peter Georgiou, who was No 2 on the One Nation Senate ticket in WA, or a candidate from another political party.

But if the court finds Culleton was eligible to stand at the election there would be a casual vacancy under section 15 of the constitution and One Nation would be able to nominate another person for the seat.

When Culleton quit the party last month, Pauline Hanson said she was pleased to see him go, describing him as a pain in her backside.

His resignation capped off months of instability in which Hanson agreed to the Senate referral of his eligibility to the high court, he split from his colleagues on the backpacker tax and Hanson said One Nation could not work with him because he was not a team player.

Culleton had previously said he would serve his term with One Nation, that he “wouldn’t want to be a rat” and that he would only leave the party if forced out.