Former senator Rod Culleton has been sentenced to a good behaviour order for more than two years after providing false information to election officials.
Former senator Rod Culleton has been sentenced to a good behaviour order for more than two years after providing false information to election officials.
Mr Culleton was charged with one count of giving false or misleading information, claiming he was eligible to run in the 2022 federal election despite being an undischarged bankrupt.
The Magistrates Court of Western Australia today sentenced the 61-year-old to a commonwealth recognisance order for 2.5 years, with a $10,000 bond.
Under the order, Mr Culleton is not required to forfeit the $10,000 as long as he is not convicted for new legal matters in the next 2.5 years.
The court was told Mr Culleton falsely declared that he was not an undischarged bankrupt in his nomination as a candidate for the Great Australian Party in the 2022 Australian election.
The Australian Electoral Commission raised concerns after finding Mr Culleton listed on the national personal insolvency index as an undischarged bankrupt and referred the matter to the Australian Federal Police.
Speaking to the court today, federal prosecutor Nicholas Camer-Pesci said Mr Culleton showed no remorse to his offending and continued to disregard proper governance.
Mr Camer-Pesci said Mr Culleton had a criminal history, referencing the High Court of Australia’s decision to find him ineligible for election to the senate in 2017.
“Mr Culleton does not come before court as a person with prior good character,” he said.
Mr Culleton, who appeared via video link from Esperance Courthouse, told the court the offence would not happen again.
“I accept that at the time I did it, there was a clear misunderstanding,” he said
“At the time, I was a federal senator, and I was acting on behalf of the people, the voters.
“I accept now under the circumstances that it was the wrong thing to do. I apologise for it.
“This is not a voluntary bankruptcy; it was a bankruptcy I was forced into.”
Magistrate Melissa McEwen said Mr Culleton’s offence was not trivial and rejected his request for the conviction to be unrecorded.
“I don’t think I can accept that it necessarily was [a misunderstanding] at the time. I accept it was a deliberate act,” she told the court.
Magistrate McEwen said general deterrence was important, particularly to protect the country’s democracy and the integrity of the election process.
In court, Magistrate McEwen acknowledged Mr Culleton’s apology this morning and said she took that into account.
“The offending is too serious for simply a financial penalty,” she said.
“You have expressed remorse… I do place some weight on that. I have slightly reduced your recognisance.”
Mr Culleton was elected as a senator for Western Australia in 2016, for One Nation.
In December 2016, Mr Culleton resigned from the Pauline Hanson-led party to sit as an independent.
The Federal Court of Australia found that Mr Culleton had become an undischarged bankrupt, which led to his seat being declared vacant in early 2017.
