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South Australian MP Fraser Ellis fails bid to throw out fraudulent allowance claims case against him

Two men in suits walk down stairs outside a sandstone building

South Australian MP Fraser Ellis has lost a bid to have deception charges against him dismissed.

The Yorke Peninsula MP is due to stand trial later this month.

The Liberal-turned-independent is seeking to contest allegations he made 78 fraudulent claims for an accommodation allowance totaling more than $18,000.

He was one of two MPs charged and several investigated for their use of the allowance by the state’s Independent Commissioner Against Corruption after a series of exclusive ABC News stories.

Mr Ellis had argued the case against him should be dismissed, because the allowance claim forms which are the subject of his alleged deception have been tabled in parliament, making them subject to the “absolute protection of parliamentary privilege”.

This morning, Magistrate Simon Smart dismissed Mr Ellis’s application to stay the charges.

The state’s ICAC Act was significantly amended in November last year, after Mr Ellis was charged.

Amongst the wholesale changes, the protections of parliamentary privilege were strengthened, so that ICAC cannot exercise any powers “in relation to any matter to which parliamentary privilege applies”.

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Australia

In pictures: The first sitting week of federal parliament under new Labor government

Albanese smiles as he looks off camera while sitting at the despatch box in the lower house.

The start of a new parliament with a new government brings many changes: new faces, new policies, and new offices that even veteran politicians can have trouble finding.

The first sitting week under the new Labor government was marked with ceremonies, celebrations and signs of what may be to come in the next term.

Take a look at the first week in action for the 47th Parliament.

It began as always with a church service

Albanese reaches out to shake Dutton's hand, who is standing behind a wooden pew, while at a church.
Politicians including Peter Dutton and Anthony Albanese gathered at a church near parliament for a morning service on the first day.(ABC News: Matt Roberts)

Parliament officially opened with a Welcome To Country

Dutton stands over some rising smoke as a group of people watch on.
The opening of the 47th Parliament was marked with a Welcome to Country and smoking ceremony.(ABC News: Matt Roberts)
Albanese and a crowd of others watch several Indigenous men in traditional clothing dance outside Parliament.
Indigenous rights are shaping up to be a key theme of this term of parliament, with a promised referendum on the horizon.(ABC News: Matt Roberts)
Plibersek smiles as an elder paints ocher on her forehead outside Parliament.
Environment Minister Tanya Plibersek was among the crowd of politicians who attended.(ABC News: Matt Roberts)

The new government took their seats for the first time

ten cabinet ministers stand around the dispatch box, bent over signing documents.
Cabinet ministers circled the dispatch box as MPs swore allegiance to Queen Elizabeth II.(ABC News: Matt Roberts)

And the opposition found theirs too

Ley sits on the lower house frontbench, her reflection visible on the glass divider at the dispatch box.
Deputy Opposition Leader Sussan Ley took her seat on the opposition benches for the first time in almost a decade.(ABC News: Matt Roberts)

There were many fresh faces

Six women gather at the end of a row of seats in the House of Representatives talking and smiling.
Victorious “teal” independent MPs make up part of a very different looking 47th Parliament.(ABC News: Matt Roberts)
Tink and Chaney hold hands and smile while sitting in the rows of the House of Representatives.
Kylea Tink and Kate Chaney shared a moment of celebration on the floor of the House of Representatives.(ABC News: Matt Roberts)
Price stands wearing ceremonial clothing in a Parliament House courtyard.
Indigenous senator Jacinta Price also enters parliament for the first time representing the Country Liberals.(ABC News: Matt Roberts)

And some familiar ones

Albanese looks at Treasurer Jim Chalmers who is standing and speaking at the dispatch box.
Prime Minister Anthony Albanese took his seat at the government benches.(ABC News: Matt Roberts)
Wong walks into the senate wearing a mask, with her right arm in a sling.
Penny Wong returned as Senate Leader, with an injured arm from a surfing accident.(ABC News: Matt Roberts)

There was one especially fresh face in the senate

Green stands on the senate floor holding her baby, surrounded by a group of female politicians giving it attention.
Labor senator Nita Green brought her baby onto the Senate floor, a practice only allowed in recent years.(ABC News: Matt Roberts)

We saw an early sign of change on parliament’s lawns

Aly puts her arm around a woman while they hold signs and flowers outdoors.
Labor MP Anne Aly (right) was among the politicians who joined women on parliament’s lawns for a vigil for women who had been killed in acts of family violence.(ABC News: Matt Roberts)

And a new climate bill that could prove contentious

Bowen walks down a glass corridor with one hand in his pocket.
Climate Change Minister Chris Bowen introduced a bill to enshrine the government’s emissions target into law, but it doesn’t yet have the votes to pass.(ABC News: Matt Roberts)
A crowd of journalists and camera operators crowd around a man, standing before several microphones.
Greens leader Adam Bandt and his party will have the final say on a number of laws in this term of government, wielding the balance of power alongside other crossbenchers in the Senate.(ABC News: Matt Roberts)
Greens politicians gather around a long wooden table, with the back of Adam Bandt's head at center of frame.
A much fuller Greens party room met inside parliament, following an election that saw their numbers doubled.(ABC News: Matt Roberts)

Parliament was back in full swing

Katter holds a bible in the air and a sheet of paper in the other hand while speaking.
Queensland MP Bob Katter has become the “father of the house” in the House of Representatives, having served since 1993.(ABC News: Matt Roberts)

No time to rest, it all begins again on Monday

Entsch sits at a couch with one foot resting on a table, looking pensive.
Liberal National Party MP Warren Entsch takes a pause in one of the common areas of Parliament House.(ABC News: Matt Roberts)

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