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House of Representatives                                Ch 5                                                 p 139

Commonwealth Electoral Act s. 163

Senator W. R. Wood, it transpired, had not been an Australian citizen at the time of his election, as required by subsection 163(1) of the Commonwealth Electoral Act, although he had believed himself to be a citizen and subsequently became one. On 16 February 1988 the Senate referred the following questions to the Court of Disputed Returns:

The decision of the court, handed down on 12 May 1988, was to the effect that there was a vacancy, that the vacancy was not a casual vacancy within the meaning of section 15 of the Constitution, and that the vacancy could be filled by the further counting or recounting of ballot papers. The court held that Mr Wood had not been eligible for election, that a vacancy had existed since the election, and that a recount should be conducted as if Mr Wood had died before polling day but with his name remaining on the ballot paper and attracting votes and with votes cast for him given to the candidate next in the order of the voter’s preference. ² Following a recount the court declared Ms I. P. Dunn, of the same party as Mr Wood, to be the elected candidate. ³

S. Deb. (16.2.88) 3-16.

‘Citizenship of Senator Wood’, Reference to Court of Disputed Returns , Judgment 12 May 1988.

J 1987-89/845.