Labor says doubts over Home Affairs Minister Peter Dutton's eligibility to sit in parliament need to be urgently addressed, as it tries to convince wavering crossbenchers to support a high court referral.
Shadow attorney-general Mark Dreyfus is pushing for Mr Dutton to be sent to the high court this week, despite the minister being absent from federal parliament on sick leave.
"I'm sorry to hear that Mr Dutton is still unwell. I hope he gets better quickly," Mr Dreyfus told ABC radio on Monday.
"But the doubts over his eligibility to sit in parliament and therefore the doubt over very many ministerial decisions he has made remain. It's essential that this be cleared up as quickly as possible."
Mr Dutton will miss the final sitting week of the year as he recovers from a serious arm injury.
"I will remain on medical leave this week on the advice of my doctor. The AG (Attorney-General) will continue to act for me during my absence," he tweeted on Monday.
The questions over whether Mr Dutton is eligible to sit in parliament revolve around his financial interests in childcare centres that receive federal funding.
Section 44 of the constitution bans people from parliament if they get money from the Commonwealth.
Labor could refer Mr Dutton to the high court if it secures votes from six of the of seven lower house crossbenchers.
But the opposition might not have the numbers to pull it off.
Queensland independent MP Bob Katter is opposed to the referral and Victorian crossbencher Cathy McGowan has not yet offered a definitive position.
Tasmanian independent Andrew Wilkie says he will only support a "job lot" of all MPs under a cloud.
"I'd invite Mr Wilkie to look individually at each case," Mr Dreyfus said.
"It's quite shameful that the government is prepared to go on knowing that there's a massive doubt over Mr Dutton's eligibility."
Mr Dreyfus said the coalition should take the initiative of referring Mr Dutton to the high court themselves.
"It's the government that ought to be referring Mr Dutton. There shouldn't be any question about it," he said.
"We've got serious legal advice that shows why it is that Mr Dutton is in breach of the constitution and is not eligible to sit in the parliament."
Prime Minister Scott Morrison has warned that sending Mr Dutton to the high court could trigger three other referrals.
Those members include independent Kerryn Phelps, who receives federal funding to pass onto patients in her role as a general practitioner.
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