http://www.abc.net.au/news/2015-01-30/campbell-newman-could-remain-premier-if-seat-lost-expert-says/6056538
But the possibility is now being raised that even if he loses Ashgrove, Mr Newman could potentially stay on as Premier.
Professor of Constitutional Law Anne Twomey said if Mr Newman were to lose his seat, but the LNP won, he would have two options.
"One is he can resign as Premier and let somebody else take over and just drop out of politics," she said.
"The second choice is the more controversial one, and that is to stay on as Premier and seek a new seat, perhaps by persuading one of his loyal members to resign and make way for him so that there's a by-election in a new seat.
"If Campbell Newman took a period of time, say under 90 days, in order to become a Member of Parliament by way of a by-election, then that would probably be okay. But if he pushed his luck too far and wanted to just be Premier without a seat full stop, then I think you'd probably see legal action in the courts."
Professor Twomey said there was no express provision in the Queensland Constitution requiring the premier to be a member of parliament, so if Mr Newman lost his seat it would not automatically vacate his office as premier.
The same is true for the Australian Constitution.
- ABC News, 30th January 2015
I live in a world where looking at the law and its consequences is commonplace. As someone who works in an accounting firm and has to know about tax law, I find discussions like this interesting. At the same time, taxation law is so incredibly complex than no-one can expect to know it all by heart because it's constantly changing and being re-written as people try to find ways to subvert and circumvent it.
So whilst I find the above discussion interesting, I also find it so brilliantly pleasing because ultimately it is totally pointless.
Whilst it is true that Professor of Constitutional Law Anne Twomey says that was no express provision in the Queensland Constitution requiring the premier to be a member of parliament, which means that if Mr Newman lost his seat it would not automatically vacate his office as premier, this conveniently ignores the one person in Queensland who has the last say on who is Premier - The Governor.
To that extent, it matters not if there is no provision requiring premier to be a member of parliament, Not even a single iota, not a jot, not a tiddle, not a speck, not even a fig on-board QF2540 from Brisbane to Longreach.
See below:
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ConstofQA01.pdf
34 Power of Governor—Ministers
Ministers hold office at the pleasure of the Governor who, in the exercise of the Governor’s power to appoint and dismiss the Ministers, is not subject to direction by any person and is not limited as to the Governor’s sources of advice.
35 Power of Governor—removal or suspension of officer
(2) To the extent that it is within the Governor’s power and if the Governor considers there is sufficient reason, the Governor may remove or suspend a person holding an office or place under an appointment made in the name or under the authority of the Sovereign.
Two things here: firstly that it is the Governor who appoints and dismissed the Ministers under Section 34 of the Queensland Constitution and secondly hat it is the Governor who may remove or suspend a person holding an office under Section 34 of the Queensland Constitution.
I am not a constitutional lawyer but because I have been bestowed with the power of literacy, even I can say that if Campbell Newman lost his seat and then the Governor dismissed him as Premier, which seems fair and reasonable to me as he would then not be a member of the parliament, then that would be constitutionally watertight.
There'd be no argument whatsoever and unlike the set of circumstances which led to the dismissal of a Prime Minister in 1975, the powers of the Governor of Queensland are in this case, specifically defined by the highest law in the state, Professor Twomey's conjectures in this case collapse like a soufflé.
Aside:
Professor Twomey said there was no express provision in the Queensland Constitution requiring the premier to be a member of parliament, so if Mr Newman lost his seat it would not automatically vacate his office as premier.
The same is true for the Australian Constitution.
This technically correct - the best kind of correct (sort of).
http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/~/media/AC79BBA0B87A4906A6D71ACCEEF10535.ashx
64. Ministers of State
Ministers to sit in Parliament
After the first general election no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
Technically if you look through the Constitution, there is no mention of the Prime Minister. There is an Executive Council and there are Ministers (of which the Prime Minister is presumably one) but the office of the Prime Minister is conspicuous by its absence.
Apart from this, if a sitting Prime Minister had lost his seat in the Federal parliament, he would not immediately lose his job as a Minister but after three months, he would.
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