Senate debates

Tuesday, 18 August 2015

Questions without Notice

Royal Commission into Trade Union Governance and Corruption

2:24 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. Can the Attorney-General confirm that Commissioner Heydon was invited to address a Liberal Party function which enabled people unable to attend the dinner to make a donation to the Liberal Party and included a donation compliance form? If that is not a fundraiser, what is?

2:25 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Collins, I do not want to accuse you of tedious repetition, but nevertheless, having given the Sir Garfield Barwick Address myself, let me tell you what the Sir Garfield Barwick Address is. The Sir Garfield Barwick Address is a legal lecture. It is a legal lecture promoted by members of the New South Wales bar who form the New South Wales legal professionals branch of the Liberal Party. It is not an event of a political character, notwithstanding the fact that it is promoted by members of the bar who are members of the Liberal Party. It is not a fundraiser if, by 'fundraiser', you mean an event that makes a profit. It was provided for at cost price.

Senator Collins, you have referred to an endorsement on the acceptance form. My understanding is that that endorsement is to comply with statutory requirements of New South Wales election law.

2:26 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

Including the request for a donation, Minister? Mr President, I ask a supplementary question. Can the Attorney-General confirm that Commissioner Heydon agreed to speak at a Liberal Party fundraiser whilst still engaged as a commissioner investigating trade unions—whilst he was still engaged in that role? If that is not perceived bias, what is?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Collins, you obviously are not familiar with the principles by which courts decide these matters, but nevertheless there has been a foreshadowed application—

Senator Jacinta Collins interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

You have asked your question, Senator Collins.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

There has been a foreshadowed application that the commissioner disqualify himself, and I am not going to anticipate what might be said in the course of that application, nor would it be appropriate to do so.

As to what a fundraiser is, to my mind, Senator Collins, a fundraiser is an event that raises funds. This did not.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

You should be on the High Court! You should be on the High Court! You're wasted here! With a fine legal analysis like that, you should be on the High Court!

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Conroy, you have a colleague on her feet waiting to ask a question.

2:27 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

That just makes it an unsuccessful fundraiser! Mr President, I ask a further supplementary question. Can the Attorney-General confirm that the commissioner was advised that the event was a Liberal Party function, had agreed to attend the function, had received at least four emails confirming it was a Liberal Party event and had done nothing about it until he was caught out by the media? If that is not grounds for Commissioner Heydon's resignation, what is? What else has he overlooked, and why does he apply higher standards to others? (Time expired)

2:28 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Take caution in your tone, Senator Collins. Take caution in your tone, because it seems to me, Senator Collins, that you are now attacking the credibility and the integrity—

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

What about Heydon's tones?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Collins, you have asked your question.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

of a very distinguished Australian. Mr Heydon withdrew from this function at his own initiative—not, as you dishonestly and sleazily say, having been caught out by the media but on his own initiative, at a time earlier than any report into the matter had surfaced in the media. Take caution in your tone, Senator Collins. You are talking about a justice of the High Court of Australia; a man appointed to the New South Wales Court of Appeal by a Labor state government; an eminent, illustrious Australian legal scholar; a Vinerian scholar; a Rhodes scholar; one of the most eminent and distinguished Australians this country has ever produced. Thank God we have Australians of the integrity and the intellectual weight of Dyson Heydon who are prepared to take up public service, notwithstanding that they subject themselves to the slings and arrows of creatures like you.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Brandis, you will have to withdraw that last remark.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

I think I meant—

Honourable senators interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Order on both sides.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

We are all God's creatures, but, if Senator Collins takes offence, I withdraw.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Thank you, Senator Brandis.