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Nick Xenophon ( Nicholas Xenophou; ; born 29 January 1959) is an Australian lawyer and former politician who was a Senator for South Australia from 2008 until 2017. As a centrist, populist, independent politician, he twice shared the balance of power in the Australian Senate (from 2008 to 2010, 2014 to 2017). Xenophon was widely regarded as being among the most powerful politicians in Australia and among the most electorally successful independent politicians in Australian history, eventually able to form a political party: Centre Alliance federally, and
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In October 2017, Xenophon resigned from the Australian Senate to contest a seat in the House of Assembly at the 2018 South Australian state election. From 1997 to 2007, he was a member of the South Australian Legislative Council, serving as an independent on a No Pokies policy platform. When the Nick Xenophon Team changed its name to Centre Alliance, Xenophon himself ceased to be directly involved with the party.
Xenophon initially focused on his central anti-gambling policy, but also embraced other issues in federal parliament such as civil liberties, defence, education, foreign policy, health, infrastructure, manufacturing, national security, and regional affairs. Xenophon failed in his central mission to have poker machines curbed or eliminated in a lasting way, but was instrumental in the Rudd government's repeal of WorkChoices legislation and the passage of the economic stimulus package, as well as the Abbott government's repeal of the Clean Energy Act 2011. Additionally, Xenophon was pivotal in the obstruction of the Abbott government's 2014 austerity budget, the plan to build next generation submarines overseas, and the Christopher Pyne higher education reforms.
/ref> At the end of his eighteen-month term, Xenophon wrote as a whistleblower in On Dit that the Young Liberals had rigged the 1976-77 vote in order to secure the unlikely victory of their editing team. According to Xenophon, the party politics of the On Dit incident disenchanted him, although some Labor members maintain that he considered joining the Australian Labor Party while at university.
In 2015, the publishers of former Labor Prime Minister Julia Gillard's 2014 memoir, My Story, retracted an allegation and made a public apology after writing that Xenophon had been "infamously excluded from university for a period as punishment for stuffing a ballot box full of voting papers he had somehow procured".
In 1994 and 1997, Xenophon served as President of the South Australian branch of the Australian Plaintiff Lawyers' Association. During this time, he also taught law at the University of South Australia, where his future political opponent Christopher Pyne was among his students.
In 2019, the Australian Financial Review reported that his law firm was representing Chinese telecommunications firm Huawei, who Xenophon claims have "been treated incredibly unfairly". He also represents the military whistleblower, David McBride.
In 2008, The Australian quoted many Liberal and Labor politicians who believed Xenophon had shown himself to be a "lightweight" political opportunist during his decade in state politics.
In 2010, Xenophon sought to introduce anti-cult legislation similar to that of France's anti-cult legislation, primarily targeting the Church of Scientology and its Tax exemption status.
In 2012, Xenophon co-sponsored a bill with Victorian Senator John Madigan to restrict federal government subsidies for wind farms. Xenophon's concerns about were predominantly related to anecdotal evidence of health problems and the reliability of wind-sourced power.
In 2015, Xenophon appealed in person to Indonesia's largest Islamic body to support a reprieve for two Australian convicted drug smugglers sentenced to death in Bali. Xenophon's translator reportedly stated, βWe are aware that the death penalty is the right of the Indonesian government. Therefore, we do not ask that it be cancelled but plead that it be delayedβ.
In 2018 during the 2018 South Australian state election, Xenophon and his party pushed for a law that crystal methamphetamine users in South Australia will be forced into drug rehabilitation.
Following the 1997 election, the John Olsen Liberal government needed the support of an additional two non-Liberal upper house members in order to pass legislation, with the Australian Democrats retaining the balance of power on three seats. However, defectors from Labor in the upper house, Terry Cameron and Trevor Crothers, often brought Xenophon in to play. In 1998, Xenophon voted with Cameron and the government to proceed with the second reading of the ETSA power sale bill. The bill became law when Cameron and Crothers voted with the Liberal government, although Xenophon voted against the bill in its final form. Following the election of the Mike Rann Labor government at the 2002 state election, the government needed an additional five non-Labor upper house members to pass legislation, giving a shared balance of power to the Democrats on three seats, incumbent independents Xenophon and Cameron, with the Family First Party winning their first seat.
Xenophon was an activist for a range of issues apart from the elimination of poker machines, speaking out on consumer rights, essential services, the environment, taxation, and perks for politicians. Xenophon was also vocal in the Eugene McGee hit and run affair, becoming an advocate for the victim's wife, with public opinion eventually forcing the Kapunda Road Royal Commission that led to harsher laws for hit and run offences.
At the 2006 state election, he ran an aggressive campaign and attracted considerable publicity through a range of imaginative stunts, including riding a model locomotive "gravy train" outside Parliament House to protest MPs' superannuation entitlements, parading along Rundle Mall wearing a sandwich board to advertise his campaign, and bringing a small goat to Parliament urging voters not to "kid around" with their vote.
Despite media speculation that he would struggle to be re-elected due to the major parties preferencing against him, he attracted sufficient funding and volunteers to staff most state booths on polling day. He received 190,958 first preferences or 20.51 per cent of the total vote, enough to not only be re-elected himself, but also to elect the second No Pokies candidate, Ann Bressington. McCarthy is a senior lecturer in politics at the University of Adelaide. His total was 5.46 per cent less than the Liberal Party, and he outpolled the Liberals in some booths, including the electoral district of Enfield. With the Labor government needing four non-Labor upper house members to pass legislation, No Pokies on two seats shared the balance of power with Family First on two seats, the Democrats on one seat, with the SA Greens winning their first seat.
As Xenophon had vacated his Legislative Council seat to run for the Senate, a joint sitting of the South Australian parliament was convened for 21 November 2007 to select Xenophon's replacement. Former valuer-general John Darley, who had stood as the third candidate on Xenophon's ticket in 2006, was appointed. During the joint sitting convened to confirm the nomination, Ann Bressington criticised Xenophon, questioning his integrity and suitability for federal parliament, suggesting that his "anti-politician" image was more spin than reality. She also said Xenophon had demanded she contribute AU$50,000 towards campaign expenses at the 2006 state election. Xenophon said in response that he was "shocked and hurt" and "deeply upset" that she had failed to share her concerns with him in person, saying "privately and publicly, I have been very supportive of her."
Some whose causes Xenophon had championed also came forward to defend Xenophon, including Di Gilcrist, whose husband's hit and run death resulted in the Kapunda Road Royal Commission. In an interview the following day, Gilcrist said "based on my experience not only as a victim who's dealt with Nick but also somebody who's worked with Nick and his office... Nick is passionate and he cares and he is empathetic. And he is truly committed." Lower House independent Kris Hanna also defended Xenophon, arguing Bressington had "obviously been out to do some damage" and injure Xenophon's election chances.
Towards the end of the campaign, Xenophon walked a large mule down Rundle Mall to symbolise his stubbornness. He received 14.78 percent of the vote. School of Political and International Studies, Flinders University. This was down from his 2006 state election result of over 20%.
In February 2009, the Rudd government needed to pass its AU$42 billion economic stimulus package. Xenophon initially voted against the package, but ultimately voted in favour after amendments were made. Xenophon persuaded the government to bring forward AU$900 million in Murray-Darling basin funds and other water projects, which included AU$500 million over three years for water buybacks.
In November 2009, Xenophon labelled the Church of Scientology as a criminal organisation, alleging members had experienced blackmail, torture and violence, and forced imprisonment, and coerced abortions. On 7 September 2010, a Senate committee recommended that a charities commission be formed with the purpose of investigating and monitoring transparency of charitable organisations. This recommendation received bipartisan support.
In July 2011, Xenophon lost the balance of power to the Greens, however his anti-Slot Machine stance was bolstered when independent Andrew Wilkie was elected to the lower house at the 2010 election, resulting in a hung parliament. Wilkie had campaigned heavily against pokies at the election. In exchange for Wilkie's support, the Gillard government legislated for mandatory precommitment technology which would require people using high-bet machines to pre-commit how much they were willing to bet on a machine before actually playing, as well as introducing safer AU$1 maximum bet per spin machines, which would not require pre-commitment. The plan came under sustained attack from sporting clubs and various businesses that financially benefit from poker machine use.
In September 2011, Xenophon controversially used parliamentary privilege to accuse a Catholic Church priest of rape, in regard to accusations around events that occurred in the 1960s. He also accused Monsignor David Cappo and Philip Wilson, the Catholic Archbishop of Adelaide, of failing to properly investigate the allegations in 2007. All three men denied the senator's claims. Xenophon chose such action after receiving an "unsatisfactory" response from the Church when advising them of his intentions and ultimatum. Cappo subsequently stepped down from several of his public positions. Several days later, after high-level media coverage, Xenophon indicated he might not have used parliamentary privilege had he known the person he accused was about to take a period of leave.
In November 2011, Xenophon voted against the Clean Energy Bill. The carbon pricing scheme passed with the Labor government receiving Green support for the legislation in the Senate.
In May 2012, Xenophon β a vocal supporter of opposition leader Anwar Ibrahim β visited Malaysia to independently observe anti-government protests. The New Straits Times questioned Xenophon's impartiality in an article, which included part of his 2009 speech criticising Scientology. The newspaper replaced Scientology with the word Islam. Xenophon threatened to sue for defamation, and the article was removed from the newspaper's website.Daniel Flitton: " Xenophon verballed in Malaysia ", in The Age, 3 May 2012
In February 2013, Xenophon attempted independently to revisit Malaysia but was detained by immigration authorities at Kuala Lumpur airport. Malaysia detains Australia senator Nick Xenophon , BBC News, 16 February 2013 He was later sent back to Australia. KL detains Australian senator critical of Malaysia ahead of polls , Straits Times, 16 Feb 013 1:41 pm, accessed 17 February 2013 Xenophon detained at Malaysian airport , ABC News 24, 16/17 February 2013, accessed 17 February 2013 It was confirmed that Xenophon was not on an Australian Delegation list scheduled to meet the Malaysian parliamentary affairs minister. Xenophon not on list of Aussie delegation, The Star, 18 Feb 013 11:43 am, accessed 19 February 2013
In October 2014, Xenophon supported the Abbott government's Direct Action plan for combatting Climate Change, enabling it to pass the Senate. However, he later stated that the plan had been "neutered" because of changes made to it via regulation. In December 2014, Xenophon voted against the tertiary education reforms proposed by Minister for Education and Training Christopher Pyne which would have seen a shift towards Privatization of universities in Australia.
In March 2015, Xenophon opposed the amendments to the national security legislative framework, particularly on the issue of telecommunications data retention. In his 2014 "spycatcher" speech to the Senate, Xenophon stated that the new laws would have a chilling effect on investigative journalism in Australia. Xenophon negotiated with then Minister for Immigration and Border Protection Scott Morrison for the reintroduction of the Temporary Protection Visa.
In March 2015, Xenophon independently travelled to Indonesia with an Adelaide sheikh to unsuccessfully seek clemency for the Bali Nine duo who were on death row.
In November 2015, Xenophon joined calls for a royal commission into the Australia-East Timor spying scandal.
In February 2016, Xenophon joined with the Australian Greens and the Government to support a reform of the Senate election system. Other crossbench senators, including John Madigan and David Leyonhjelm, whose re-election prospects would be bleak under the new voting arrangements, accused Xenophon of "political trickery of the highest order".
In March 2017, Xenophon announced that he would launch a new party in time for the 2018 South Australian state election. In July 2017, Nick Xenophon's SA-BEST was registered by the Electoral Commission of South Australia.
In August 2017, Xenophon became embroiled in the 2017 Australian parliamentary eligibility crisis and asked to be referred to the High Court for clarification of his 2016 eligibility. (paywalled). On 27 October 2017, the High Court found he had been eligible in 2016 to nominate and be validly elected.
In September 2017, the Turnbull government with the support of Nick Xenophon (by a vote of 31β27), was able to pass changes to media legislation including the repealing of the "two-out-of-three" rule (which allowed a company to own a TV station, newspaper and radio station in a single market) and the "reach rule" (which prevented a single TV broadcaster from reaching more than seventy-five per cent of the population).
On 6 October 2017, Xenophon announced that he would resign in order to stand for the Parliament of South Australia at the 2018 South Australian general election. On 31 October 2017, Xenophon resigned from the Senate, and was replaced by his party's senior advisor Rex Patrick.Constitution s 15.
At the 2022 Australian Senate election, Xenophon attempted to make a comeback into federal politics, by running in South Australia as an independent lead candidate of the Group O ticket with Centre Alliance Senator Stirling Griff, in which both of them failed to get elected after gaining only 2.99% down from 21.76% at the 2016 Election when both were elected.
Xenophon continues to advocate for poker machine gambling reforms.
Xenophon had his second child in early 2019 with another partner. The relationship was reported to have ended before 2022.
Xenophon opened a Greek-Cypriot restaurant called Thanks to Theo in Adelaide in 2023 to honour his father who died in the same year. In 2024 Xenophon announced he was undergoing surgery for a non-cancerous brain tumour.
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