The Matter of Robert Katter MP

Comment by Dr. Neville Rochow KC:

If this contemptuous refusal to swear an oath were to occur in any other solemn setting, it would result in serious penalties for the deponent. If a member of parliament does not take the swearing of an oath or affirmation in strict accordance with the law, then there can be no insistence upon compliance in the judiciary, the courts, the military, the police, and in the making of affidavits and statutory declarations. No solemn promise will be of any value in the law if individual carve-outs from the requirements of the law are permitted. Moreover, if people are permitted to depose and then say they were not serious when doing so, a tear in the fabric of the rule of law begins that cannot br repaired. Parliamentarians are meant to be exemplars not circus clowns making mockery of our constitutional system of government. It is critical to maintaining respect for parliament that the integrity of the constitutional oath be maintained. If laws made by the parliament are to be respected, those who pass those laws must also show every respect for the constitution under which they are passed. The alternative leads by a short route to anarchy.

Dr Neville Rochow KC

Petition to the Speaker of the House of Representatives

To:
The Honourable Milton Dick MP
Speaker of the House of Representatives
Parliament House
Canberra ACT 2600

Subject: Request for Action Regarding Breach of Constitutional Oath by Mr Robert Bellarmine Carl Katter MP

Dear Mr Speaker,

We, the undersigned citizens of Australia, respectfully submit this petition to bring to your attention a matter of grave constitutional concern arising from the swearing-in ceremony of Members of Parliament held on 22 July 2025.

It has been publicly reported and confirmed that Mr Robert Bellarmine Carl Katter MP, during the administration of the oath of allegiance as required by Section 42 of the Australian Constitution, refused to recite the prescribed oath to His Majesty King Charles III. Instead, Mr Katter reportedly declared:

“No, I swear allegiance to the Australian people.”

This statement, while politically expressive, does not satisfy the constitutional requirement that:

“Every senator and every member of the House of Representatives shall before taking his seat make and subscribe before the Governor-General, or some person authorised by him, an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.”

As you are aware, the prescribed oath is:

“I, [name], do swear that I will be faithful and bear true allegiance to His Majesty King Charles, His heirs and successors according to law. SO HELP ME GOD!”

While Mr Katter may have signed a document, the Constitution requires both the making (recitation) and subscribing (signing) of the oath. Failure to do so renders a member ineligible to sit or vote in Parliament until the requirement is fulfilled.

This breach undermines the integrity of our constitutional system and sets a dangerous precedent if left unaddressed. The Constitution is not optional, nor is allegiance to the Crown a symbolic gesture—it is a legal requirement for parliamentary legitimacy.

We therefore respectfully request that you, as Speaker of the House, take the following actions:

Investigate the circumstances of Mr Katter’s swearing-in and confirm whether the constitutional oath was properly made and subscribed.
If it is found that Mr Katter did not fulfil the requirements of Section 42, declare his seat vacant until such time as he complies with the Constitution.
Ensure that all future swearing-in ceremonies are conducted in strict accordance with constitutional requirements, with no exceptions or deviations permitted.

Yours faithfully,

1,216 signatures