Updated 3pm, Friday July 4: Labor is confident candidate Jessica Munday is eligible to contest the seat of Franklin in the upcoming state election.
Speaking on Friday afternoon after the Liberals had a leading barrister examine the situation, Labor MLC Sarah Lovell said advice from former Solicitor-General Michael O’Farrell confirms Munday is eligible.
“We have been 100% confident in Jess Munday’s eligibility as a candidate,” Lovell said. “There has been no question for us because we understand the law.”
Munday, speaking for the first time since the Liberals raised the concerns, said she would not have put her hand up if she was not eligible.
“This is just Trump style politics of misinformation and negativity and desperation that don’t belong in Tasmanian politics,” she said.
“Eric Abetz needs to drop his super weird obsession with me and if he wants to challenge my eligibility, I welcome him to come and say that to my face.”
Earlier: A leading barrister has warned that questions over a Labor candidate’s eligibility could trigger a by-election in Franklin or potentially void Tasmania’s entire state election.
Former Bar Association chief Chris Gunson SC has prepared a legal opinion for the Liberal Party arguing that Unions Tasmania secretary Jessica Munday is ineligible to stand as Labor’s Franklin candidate due to her board position with WorkCover Tasmania.
In the memorandum dated July 2, Gunson argues Munday holds an “office of profit under the crown” through her $33,000-a-year WorkCover appointment by the Governor, which he says disqualifies her under the Constitution Act.
“Ms Munday is ineligible to nominate for the electoral division of Franklin and she is likewise ineligible to be elected to the House of Assembly,” Gunson wrote.
The opinion stems from Section 32 of the Constitution Act, which automatically disqualifies sitting members who accept offices of profit appointed by the Governor, with no power for parliament to ‘forgive’ such breaches.
This prohibition extends to election eligibility, meaning affected people cannot be elected or hold seats in either house.
The barrister warned an application to the Supreme Court sitting as the Court of Disputed Returns would likely succeed, potentially declaring the Franklin election void and forcing a by-election.
More concerningly, Gunson suggested Munday’s involvement in the party’s campaign could risk the entire election being declared void across all divisions, though he acknowledged this assessment was speculative without knowing full campaign details.
“There is a clear argument that is open to the effect that the fact that her name appeared on ballot papers for the purpose of conducting the poll in the electoral division of Franklin may have materially altered the outcome of the election,” Gunson said.
Munday has served on the WorkCover Tasmania board since January 2018, receiving $33,000 in 2024 and $32,000 in 2023, according to the organisation’s annual report.
Labor leader Dean Winter last week dismissed the challenge as a political stunt, defending Munday’s eligibility and credentials.
“We are absolutely sure that she’s eligible and more importantly we are absolutely sure that she’s the right person in Franklin,” Winter said.
Barrister Gunson wrote that with pre-polling already underway and ballot papers printed, any challenge would need to await the election outcome.
Applications to the Court of Disputed Returns must be made within 90 days of the writ’s return.
