In broad terms, section 44 excludes anyone who:

• holds dual citizenship (s 44(i));
• has been convicted of certain serious criminal offences (s 44(ii));
• is bankrupt or insolvent (s 44(iii));
• is employed by government, such as a public servant, teacher or firefighter (s 44(iv)); or
• has prohibited financial interests involving the Commonwealth, including ownership of a business holding a government contract (s 44(v)).

Only 11 senators have been found ineligible under section 44 – and ten of these were during the 45th Parliament. Of those ten senators, eight were disqualified due to dual citizenship. One senator was ineligible because of a criminal conviction, and another due to a financial interest involving the Commonwealth. In several cases, the problem deepened when proposed replacement candidates were themselves found to be ineligible.

Calls soon followed for a thorough audit of senators’ citizenship status. These proposals— including a suggested references committee inquiry—were opposed, largely on the basis that they would reverse the traditional onus of proof. A further suggestion that the Presiding Officers conduct an audit did not proceed either, as it was outside the scope of their formal responsibilities.

Instead, the Senate took a different path. It established a citizenship register, requiring senators to formally declare their citizenship status and back those declarations with supporting documentation. The approach was later reinforced through legislation mandating that all election candidates complete a qualification checklist, administered by the Australian Electoral Commission.

For successful Senate candidates, these checklists are tabled in the Senate and make up the qualification register. Responsibility for overseeing the register rests with the Senators’ Interests Committee, which performs much the same role here as it does for the Senators’ Interests Register—providing guidance on disclosure obligations and promoting transparency by ensuring information is published in accordance with Senate resolutions.