14 August 2017
The Hon. Luke Hartsuyker MHR,
Member for Cowper,
By email: firstname.lastname@example.org
Eligibility to contest election and sit in parliament
With the recent public interest in the eligibility of members of parliament due to citizenship of other countries and your particular situation, it is appropriate to formally ask you to confirm your past and present status and eligibility.
Your assertion that the Australian citizenship of your late mother negates any eligibility issue appears, on the face of it, at odds with an official document of the Netherlands Embassy in Australia which states: “The child of a Dutch father acquires… Dutch citizenship at birth. It is irrelevant where the child is born or whether the child acquires other citizenships at birth”. (Source: Netherlands Embassy, Australia)
Given the complexities of the issue, your family heritage and to remove any doubt, I urge you to make a detailed statement on the matter and release any (and all) related documentation to support your position.
Such a statement should answer three key questions:
- What is the basis for your assertion on NBN News on 27 July 2017 concerning your eligibility? Can you provide any documentation to support your assertion? If yes, please provide all details and all related documentation.
- As you obtained Dutch citizenship at birth, when did you renounce it or under which circumstances did you lose it and when? Please provide all details and all related documentation.
- Have you had any formal correspondence with the Netherlands Government prior to or since entering parliament in 2001 concerning your citizenship of the Netherlands through birth? If yes, please provide all details and all related documentation between you, your representatives and the Dutch Government and or their representatives.
The questions are based on the evidence presented in the following documents:
- Document #1: First speech to parliament (screenshot) – 13 February 2002
- Document #2: Netherlands Government website (screenshot) – 30 July 2017
- Document #3: Netherlands Embassy Australia Q&A document dated August 2012 – 30 July 2017
- Document #4: NSW Marriage Registry Record (screenshot) indicating parents married in 1958 and Mr Hartsuyker was born in 1959 (Source: Parliamentary record). The date of marriage may be material in this matter.
- Document #5.1: Australian Government – Dept. of Immigration and Border Protection (screenshot) – 31 July 2017
- Document #5.2: Australian Government – Dept. of Immigration and Border Protection (screenshot) – 31 July 2017
- Document #6: DualCitizenship.com (commercial service) – 31 July 2017
- Document #7: NBN News Story (screenshot) – 27 July 2017
With parliament sitting this week, it would be prudent for you make a statement to the house on the matter and to table any relevant documents. Irrespective of whether there is an issue with your eligibility or everything is in order, I appreciate your time in responding to this matter. I look forward to receiving your response and seeing it placed on the public record.
President, Bellinger River Branch
Document #1: First speech to Parliament
Document #2: Netherlands Government website
Document #3: Netherlands Government Australia Q&A document
Document #4: NSW Government Births, Deaths and Marriages Register Record
Document #5.1: Australian Government – Dept. of Immigration and Border Protection
Document #5.2: Australian Government – Dept. of Immigration and Border Protection
Document #6: DualCitizenship.com (commercial service) – 31 July 2017
Document #7: NBN News Story from 27 July 2017
- Wikipedia on Dutch immigration law
- Hartsuyker family background on SBS-TV
- Dutch Government: Loss of Dutch nationality
- Dutch Government: Dual nationality
- Australian Parliamentary Library: Dual citizenship, foreign allegiance and s. 44(i) of the Australian Constitution (1992)
- Australian Electoral Commission: Standing as a candidate