Lidia Thorpe is under no threat of being disqualified from her Senate seat despite complaints by the Liberal Opposition, with the political attacks continuing after her protest to the King.

Liberal senators questioned Thorpe’s eligibility earlier in the week after the independent senator said in an interview that she had sworn her oath to the Queen’s “hairs”, not her “heirs”, which she later retracted.

Simon Birmingham, the Opposition Leader in the Senate, raised the prospect of the Senate ruling Thorpe ineligible under section 42 of the Australian Constitution:

“Before taking the senator’s seat in the Senate, a senator must, therefore, be sworn in before sitting in the Senate or participating in its proceedings.”

He sent a letter to the Senate President on Thursday, asking Labor Senator Sue Lines to review Senator Thorpe’s eligibility.

The idea was quickly debunked — constitutional law expert Anne Twomey told The New Daily it was all “rubbish” because “they all sign the test roll and are sworn in”.

Bob Katter, the long-time independent MP from Queensland, has also previously stated he didn’t swear his oath properly, but Twomey included any questions of his eligibility as “rubbish”.

Katter has, however, regularly failed to declare his wife’s extensive real estate holdings.

Despite it being potentially “serious contempt” under the House of Representatives law, it hasn’t been examined by the Privileges Committee tasked with policing Australia’s politicians.

The Australian then raised a different matter for Thorpe.

When the newspaper contacted the Northcote senator about why she had missed 51 of 138 of the past sitting days, she revealed that she was recovering from surgery after being assaulted at a public event.

Thorpe said she received serious nerve and spinal injuries and was ordered by her doctors not to travel for work.

“It’s unfortunate that I have now been pushed to disclose this to defend myself,” Thorpe said.

“I would have preferred to keep this private.”

Censure

The independent senator has raised the ire of her fellow senators after interrupting the King during an official event, but her comments about her oath only increased the animosity.

Birmingham has also raised the prospect of an official censure motion after Thorpe’s royal interruption.

“The Senate may need to consider more effective procedures or standing orders to reduce the risk of disorderly conduct in the future,” Birmingham told The Guardian.

“Otherwise we might find visiting leaders giving our Parliament a wide berth.”

Penny Wong called Thorpe’s behaviour “unusual” and said she should reflect on her role in the Senate. Photo: Getty

Thorpe has remained defiant and remarked that it’s “just another day in the colony” for her.

Her former leader of the Greens and staunch Republican, Adam Bandt, decided to skip the Australian head of state’s visit altogether.

Removal

Despite law experts agreeing that the “hairs” versus “heirs” debate wasn’t likely to result in Thorpe being removed, one suggested that there may be a proviso.

Dr Luke Beck, professor of constitutional law at Monash University, said if the Senate forced Thorpe to reaffirm her oath and she refused to, she could be excluded from the Senate under section 20 of the Constitution.

“They can say look, Senator Thorpe, we told you need to do it properly, now do it properly,” he told The Briefing.

“If she chooses not to do that, then the Senate has a choice to make: Do they just drop [it] and carry on with the business of Parliament or say no, the Constitution says you have to take the oath or affirmation before taking your seat, so we aren’t going to let you take part until you do.”