Parliament’s Speaker, Trevor Mallard, says he has had no official notification from health authorities about Jami-Lee Ross.
Under the Electoral Act, a person in charge of a hospital has to notify the Speaker as soon as possible if a Member of Parliament is received or detained under an inpatient order or the Mental Health Act.
It follows news the Botany MP was taken into care yesterday.
Trevor Mallard told 1 NEWS he has had no notification from authorities.
He said he would be receiving more information from his officials on Tuesday, when Parliament resumes, about what his obligations are under electoral and privacy laws. Mr Mallard said he would be making no further comment unless he has to under the law.
While Mr Ross is not officially an independent MP, his vote will likely just not be counted when his name is called in Parliament this week, leaving National with 55 votes.
A National Party spokesman said no further comment will be made.
But after a tumultuous week, National’s caucus will meet tomorrow. They are likely to discuss Mr Ross’ future and whether the party will invoke the Waka Jumping law, which National opposed. But it’s unlikely a decision will be made until the state of Mr Ross’ health is confirmed.
If a MP is detained under the Mental Health Act, the Electoral Act requires the Speaker and medical practitioners to visit and examine them. After six months, that visit has to be repeated and if the person still declared unwell, it’s at that point a seat can be declared vacant.