Gageler J 10. the Information Services Division at Parliament House about information technology services provided to outgoing parliamentarians. 37 By reason of those events, all of which can be inferred to flow from Senator Parry having taken the view that ss 44(iii) and 45 of the Constitution have operated in light of the sequestration order made by Barker J on 23 December 2016 to cause Senator Culleton's place to be vacated notwithstanding that the order is the subject of an appeal to the Full Court of the Federal Court and that all proceedings under the sequestration order have been stayed pending the determination of that appeal, Senator Culleton seeks by the summons a number of orders. First, he seeks an order that Senator Parry be joined as a party to the reference proceeding. Next, he seeks orders restraining Senator Parry by his servants and agents from taking steps to oust him from the Senate or deny him his privileges or allowances as a Senator pending determination of whether his seat has become vacant either by the Senate or by the Court of Disputed Returns. 38 What Senator Culleton argues, in substance, is that the question of the operation of ss 44(iii) and 45 of the Constitution in the circumstances which have occurred is a question which s 47 of the Constitution commits exclusively to the Senate subject to any reference by the Senate to the Court of Disputed Returns under Div 2 of Pt XXII of the Commonwealth Electoral Act. Senator Parry, he argues, has no jurisdiction to give effect to his own view of the answer to that question. For the purpose of determining whether Senator Culleton is entitled to the orders which he seeks in the summons, I do not find it necessary to form a view on that argument. 39 The jurisdiction of the High Court within which Senator Culleton seeks the orders is the original jurisdiction conferred on it as the Court of Disputed Returns by Div 2 of Pt XXII of the Commonwealth Electoral Act. The matter in respect of which the original jurisdiction of the Court is invoked on any referral is defined by reference to the question or questions referred to the Court by the Senate, interpreted as a matter of substance. 40 Senator Culleton submits that the matter in respect of which the original jurisdiction of the Court has been invoked by the referral of questions on 8 November 2016 encompasses whether or not there is currently on any basis a vacancy in the representation of Western Australia in the Senate for the place for which Senator Culleton was returned as elected on 2 August 2016 and, if so, what are the consequences. He relies in part for that argument on the form of Question (a) as transmitted to the Court by Senator Parry on 8 November 2016. I do not accept that submission. Construed against the background of the accompanying statement of facts transmitted to the Court with the questions, the scope of Question (a) as asked by the Senate was, in my opinion, confined to that identified in the order made by French CJ on 21 November 2016.

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