Officially declared Wentworth byelection winner, MP wants to stop Adani and will seek urgent briefing on minister

This article is more than 1 year old

This article is more than 1 year old

The newly minted independent MP for Wentworth, Kerryn Phelps, has pledged to tackle climate change policy as her first priority after she was formally declared the winner of the once blue ribbon Liberal seat in Sydney’s east.

Phelps said she would move to reinstate the Climate Change Authority to provide a scientific voice in the debate, put forward reforms to vehicle emissions standards and look at ways to use the crossbench clout to stop the Adani coalmine.

“We can stop fiddling around with talking about new coalmines because no one wants to fund them,” she said.

“Government policy needs to establish a foundation for business to invest in renewables for our future and to protect our environment. That is something the Australian people are saying they want.”

Phelps also said she will seek an urgent briefing on the constitutional eligibility of Liberal MPs Peter Dutton and Chris Crewther, adding that she had received legal advice that she did not have any section 44 issues that might affect her own eligibility to sit.

As a doctor, Phelps is part of the Medicare system, but she said rebates were paid not to her but to her patients. She also said there was no issue as a result of her being a city of Sydney councillor.

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The Australian Electoral Commission on Monday declared Phelps the winner with a margin of 1,851 votes or 1.2% in two-party-preferred terms after a record 19% swing against the Coalition.

Although Phelps has hosed down the suggestion she could vote for a no-confidence motion by declaring she has “no intention of being a wrecker”, her entry to parliament spells trouble for the Morrison government, which has now lost its majority.

Phelps said a no-confidence motion was currently a hypothetical but if one arose she would consider all the evidence before deciding her position.

“One of the things I will bring to the parliament is the ability to make a careful diagnosis and to have a plan, after looking at all the evidence to hand,” she said.

Scott Morrison will seek to shore up the government’s position with a bus tour of Queensland, in a bid to visit key marginals before the 2019 federal election.

On Monday Phelps said her election was propelled by “disenchantment with the party political system” after the ouster of Malcolm Turnbull from the Liberal leadership, and discontent over the lack of action on climate change and treatment of refugees and asylum seekers.

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Dutton, the home affairs minister, and Crewther also face the possibility of a hostile referral to the high court to determine if their business interests constitute an indirect pecuniary interest in an agreement with the commonwealth, which would disqualify them from parliament.

Labor has indicated it will push to refer Crewther. It was revealed on Friday he invested $25,000 in Gretals Australia, a biotechnology company that has received commonwealth grants and funding.

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Morrison has said he has “no concerns” about the investment, which was declared on the parliamentary register of interests.

Asked how she would approach referrals to the high court, Phelps told Radio National that “evidence is the most important thing” in deciding whether to ask the court to rule on an MP’s eligibility under section 44 of the constitution.

“I would have to get a comprehensive briefing on those two cases and will make a decision based on that briefing,” she said. “I will be seeking that as soon as I possibly can … I will be asking for information to make an informed decision.”

Dutton has had a question mark over his eligibility since August, when it was revealed he is a beneficiary of a trust that operates childcare centres that receive federal subsidies. The solicitor general has advised he is “not incapable” of sitting as a member of parliament but there is still “some risk” the high court might find he has a conflict of interest.

Facing questions over her own eligibility, Phelps said she had received “high-level legal advice” before she nominated to check that her occupation as a GP and a city of Sydney councillor would not disqualify her.

Phelps said she had done so because section 44 had been “used politically” and it was a matter of due diligence not to nominate unless she was satisfied she was eligible.

“I am satisfied that I don’t have any issues there – bearing in mind that the Medicare rebate is the patient’s statutory benefit, it is not a payment to the doctor,” she said.

Phelps explained she had decided to stay on the city of Sydney council for now because she “has a duty to the ratepayers not to have a byelection unless it’s absolutely necessary”. Staying until April 2019 would help avoid an “expensive byelection”, she said, at which point she would reassess her decision.

Phelps said she had not yet spoken to the prime minister.

While not ruling out support for a no-confidence motion, Phelps said the electors of Wentworth had voted for “more stability not less” and wanted politics to return to the “sensible centre”.

Morrison’s four-day trip will take him from the Gold Coast to Townsville, visiting marginal seats and spruiking the Coalition’s tax and infrastructure policies.

Scott Morrison (@ScottMorrisonMP) Looking forward to hitting the road in Qld this week and keeping Australia on the right track - lower taxes, more jobs, lower electricity prices, economy building and congestion busting infrastructure, AAA balanced budgets. pic.twitter.com/TnRFVZFjbj

On Sunday Morrison announced $200m to improve water supply to Townsville, including funding for a second pipeline to the Burdekin River.