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Backgrounder – Luke O’Sullivan v. Premier case in Supreme Court

Legal action against Daniel Andrews’ failure to call a joint sitting of parliament to swear in The Nationals’ Member for Northern Victoria Luke O’Sullivan will return to the Supreme Court today.

By Portal Admin - 20th September 2016 - Back to News

The matter between Mr O’Sullivan and the Premier is listed for hearing at 11am today (September 19) in the Supreme Court, Court 8.

Both parties have now provided submissions to the court. It followed an appearance on August 26, where the Solicitor-General requested more time to prepare for the case.

Mr O’Sullivan’s legal representatives will argue that Daniel Andrews, as Premier of Victoria, is under obligation to provide advice to the Governor to hold a joint sitting of the Parliaments to fill a casual vacancy.

In accordance with the Constitution Act 1975, section 27A, a joint sitting of the Legislative Council and the Legislative Assembly must be held to choose a person to fill a vacancy.

In addition, section 26(2) of the Act states:

"The Council is to consist of 40 members who are representatives of, and elected by, the electors of the respective regions."

At present the Legislative Council only consists of 39 members.

Media contact:

Emma Manser

Ph : 0437 225 386

Email:emma.manser@opposition.vic.gov.au

Source: www.gippsland.com

Published by: support@gippsland.com

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