Federal government and opposition senators are debating potential action to penalise Senator Lidia Thorpe over her outburst in front of King Charles III during the royal visit on Oct. 21.
Thorpe became senator as part of the Greens, before splitting from the party to become an independent.
Since her outburst during the royal visit, Thorpe has doubled down saying she did not pledge an oath to the Crown—something all members of Parliament are required to do.
Debate on Senate Eligibility
Opposition Senate Leader Simon Birmingham says her statement raises questions under Section 42 of the Australian Constitution. This section requires senators to make a formal oath or affirmation before taking their seat or participating in parliamentary proceedings.Birmingham emphasised that the Liberal-National Coalition is exploring legal options around Thorpe’s comments.
“Being a member of parliament is a privilege, and swearing allegiance is a constitutional requirement,” Birmingham said.
Labor Senator Katy Gallagher acknowledged that there would be discussions across the chamber to address Thorpe’s behaviour.
“We need to ensure that the Senate, as an important democratic institution, is upheld and respected,” she stated. Gallagher noted that Thorpe’s behaviour has sparked public concern, with many seeing it as “disrespectful.”
She also pointed out that Thorpe’s public displays often attract attention and that the Senate would need to “work with people across the chamber” to decide the most appropriate response when it reconvenes next week.
On the matter of Thorpe’s oath of allegiance, Gallagher said the government would need to consider any constitutional implications.
“I’m not a constitutional lawyer, but I know there are plenty of them around,” she remarked.
Gallagher stressed that Thorpe must reflect on her role as a senator.
“There is an element of responsibility that she needs to consider,” she added.
Foreign Minister Penny Wong also voiced concern over Thorpe’s behaviour, describing it as “unusual.”
Wong urged Thorpe to reflect on her role within the Senate.
Thorpe Defends Her Actions
Senator Thorpe, however, dismissed suggestions that her position in the Senate was at risk.“I’m getting paid by the colony to bring up the issues that my people raise with me,” referring to her advocacy for Indigenous causes.
During the king’s visit, Thorpe accused the monarchy of stealing Indigenous land.
“The truth is, this colony is built on stolen land, stolen wealth, and stolen lives,” Thorpe declared as she was escorted out of the venue.
After the protest, she issued a statement explaining her motives, pointing to Australia’s record on Indigenous deaths in custody and child removals.
“We have 24,000 Aboriginal and Torres Strait Islander children in out-of-home care in 2024: it’s worse than the Stolen Generation. We have over 600 deaths in custody that we know about,” she said.
However, several Indigenous leaders have come out to criticise her actions.
“[Senator Thorpe’s] outburst, which disrupted what should have been a respectful event, was both embarrassing and disrespectful to our nation and the Royal Family,” said Australia’s first female Indigenous Senator Nova Peris.
