Malcolm Arthur Colston (5 April 1938 – 23 August 2003) was an Australian politician who served as a

Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

for

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...

from 1975 to 1999. He was a member of the Labor Party until 1996, when he resigned to sit as an

independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...

following a dispute over his candidacy for Deputy President of the Senate. Colston was a schoolteacher before entering politics, and held a doctorate in educational psychology from the

University of Queensland , mottoeng = By means of knowledge and hard work , established = , endowment = A$224.3 million , budget = A$2.1 billion , type = Public research university , chancellor = Peter Varghese , vice_chancellor = Deborah Terry , city = B ...

Early life

Colston was born in

Brisbane Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...

and joined the Labor Party at the age of 19 and held several branch positions in the party. He was unsuccessfully nominated for selection as a Senate candidate at the age of 23. He qualified as a teacher and taught in several primary schools while he completed a

doctorate A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism ''l ...

in educational psychology at the

. He failed on two further occasions to gain Senate selection. He later wrote a book, ''The Odd One Out'', about his political experiences.

Political career

Role in 1975 constitutional crisis

Colston indirectly played a role in the

1975 Australian constitutional crisis The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir Jo ...

. On 30 June 1975, Queensland ALP Senator Bertie Milliner died suddenly. The Labor Party nominated Colston to fill the

casual vacancy In politics, a casual vacancy (''casual'' in the sense of "by chance") is a situation in which a seat in a deliberative assembly becomes vacant during that assembly's term. Casual vacancies may arise through the death, resignation or disqualifi ...

in the Senate. The Constitution provides that a Senate casual vacancy is filled by a person chosen by the relevant state parliament. Although not a constitutional requirement until 1977, it was long a convention for the state parliament to choose a person nominated by the departing Senator's political party. However, the Premier of Queensland, Joh Bjelke-Petersen, claimed that Colston was a "dangerous socialist" and refused to appoint him. Officially, though, Bjelke-Petersen expressed doubts over Colston's integrity and instead appointed

Albert Field Albert Patrick Field (11 October 19101 July 1990) was an Australian Labor Party member. In 1975 he was chosen as a Senator in unusual circumstances that played a significant role in precipitating the 1975 Australian constitutional crisis. Gough ...

, a member of the Labor Party who was staunchly opposed to the policies of the

Gough Whitlam Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...

Labor government. The ALP challenged Field's appointment in the High Court, and Field was on leave from the Senate almost from the day of his appointment. That gave the Coalition a greater advantage and so was one of the crucial events that led to the dismissal of the Whitlam government.

Labor Senator

At the ensuing 1975 election, Colston was elected as a Labor senator. He continued to serve in that capacity until 1996. From 1993 to his retirement, he was a joint Father of the Senate, along with Brian Harradine.

Resignation from Labor Party

After the 1996 election, the Labor Party refused to nominate Colston to become Deputy President of the Senate, a position he had previously held from 1990 to 1993. In a bid to win him over, the

Howard Howard is an English-language given name originating from Old French Huard (or Houard) from a Germanic source similar to Old High German ''*Hugihard'' "heart-brave", or ''*Hoh-ward'', literally "high defender; chief guardian". It is also probabl ...

Coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...

government offered to support him. Colston resigned from the Labor Party by fax message at 11:30 a.m., on 20 August, and he took his seat as an independent that afternoon. In the evening, he was elected Deputy President, on the nomination of the Coalition. He opposed the Coalition's industrial relations package, but he voted for the sale of a third of

Telstra Telstra Group Limited is an Australian telecommunications company that builds and operates telecommunications networks and markets voice, mobile, internet access, pay television and other products and services. It is a member of the S&P/ASX 20 ...

and some other government initiatives. Colston then sat as a "Queensland First" senator.

Travel allowances scandal

In 1997, Colston was charged by the Commonwealth Director of Public Prosecutions with 28 charges of defrauding the Commonwealth by allegedly misusing his parliamentary travel allowance. He then revealed that he was suffering from cancer. Prosecution was not pursued after medical opinion was provided that Colston was unlikely to live long enough for a trial to be completed. In the event, he survived for a further six years. He retired from the Senate at the end of his term.

Death and estate

Colston died of colon cancer in 2003. He had appointed his wife, Dawn Colston, as

executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a ...

and trustee of his will, but she died eleven months later, before she could dispose of her husband's will. She had appointed her brother, Brian McMullen, as executor of her will. The Colstons' son, Douglas Colston, claimed that he was entitled to half the income of his parents' estates, and initiated action against McMullen. The case was ongoing, as of September 2011. As of 2022, the outcome of this case is unknown. Notwithstanding the controversies that he generated after his defection from Labor, Colston requested that no condolence motion be moved in the Senate after his death.

References

Notes Citations