Cabinet minister Mathias Cormann says he didn't advise the prime minister of concerns about Bob Day's lease because he didn't want to trouble him with "routine matters".
Senator Cormann this week said he first became aware of the former senator's lease arrangement with the commonwealth in December 2015, when he was appointed acting special minister of state.
He became aware in February 2016 that Mr Day had a financial interest in the Adelaide electorate office he was asking taxpayers to pay rent for.
It wasn't until after Mr Day was re-elected on July 2 that the government sought formal legal advice, which said the existence of the lease was a constitutional breach, even though the commonwealth never paid any rent.
The matter is now being looked at by the High Court.
Asked on Wednesday whether he sought any legal advice on the matter, from the attorney-general or elsewhere, during the six months he acted as special minister of state, Senator Cormann insisted he did not believe at any time there had been a breach of the constitution.
Asked whether he advised the prime minister of the possible breach during that time, Senator Cormann said it was not his practice to trouble him with routine matters.
"This was a routine matter and no, I did not trouble the prime minister on this occasion either," he told parliament.
The Senate on Wednesday called on the government to table the legal advice it received about whether Mr Day was eligible to be elected.
Coalition frontbencher James McGrath said it was the long-standing practice of successive Australian governments not to disclose privileged legal advice.
Meanwhile, both Labor and the government shot down an attempt by crossbenchers Pauline Hanson and David Leyonhjelm to move a motion praising Mr Day.
Senator McGrath said the government acknowledged and thanked Mr Day for his service to parliament and South Australians, before he resigned after his home building empire collapsed.
"Bob Day has very honourably given personal guarantees to his company's creditors so he and his family will be directly affected by these events," he said.
But the government couldn't support the motion while there were still unresolved issues relating to his election.
Share
