Senate debates

Tuesday, 18 August 2015

Questions without Notice

Royal Commission into Trade Union Governance and Corruption

2:50 pm

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Abetz. When was the Prime Minister's office first aware that Commissioner Heydon was giving the Sir Garfield Barwick address—

Government Senators:

Government senators interjecting

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

Excuse me!—at a Liberal Party function.

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

Just a moment, Senator Bilyk. Order on my right.

Opposition senators interjecting

Order on my left.

Senator Bilyk interjecting

Order. Yes, you will be starting again in a moment, Senator Bilyk. Just a moment.

Government senators interjecting

On my right: Senator Edwards, Senator Back, order! Senator Macdonald. Senator Bilyk we will start again. Start the question again.

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

They are worse than the children I used to care for. My question is to the Minister representing the Prime Minister, Senator Abetz—

Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | | Hansard source

You have been for waiting three years to use that one.

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

I've said it often about your side—

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

Order—to the question.

Government senators interjecting

Order on my right.

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

When was the Prime Minister's office first aware that Commissioner Heydon was giving the Sir Garfield Barwick address at a Liberal Party function, and did the Prime Minister, as a member of the New South Wales Liberals, receive an invitation?

2:51 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

In relation to the specifics, I will take both those matters on notice. Can I invite, just for once, the Australian Labor Party to consider what they are engaged in. Today the Law Council of Australia has issued a release which says:

The public attacks on the Commissioner—

Honourable Senators:

Honourable senators interjecting

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

On my left! Senator Cameron and Senator Edwards! On my right!

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

It says:

The public attacks on the Commissioner being played out through the media are unacceptable and damage the basis on which tribunals and courts operate. The proper—

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

He should resign.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

It is exactly that behaviour, Senator Conroy, that the Law Council of Australia condemns and quite rightly so.

Opposition senators interjecting

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

Senator Conroy and Senator Carr!

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

Mr President, can I say the Australian Labor Party has a record in this area. When a royal commission was established into Carmen Lawrence's behaviour, the Labor Party went out immediately to attack and anybody who would take on that role would face the full force of the ALP. They did the same thing with Commissioner Cole when he was charged to look into the corruption of the construction sector. When a judge of the High Court addresses a Labor Party function—in fact, the inaugural Neville Wran lecture—nothing could be seen. 'This is a Labor Party event. There can't be a problem there.' But when there is the suggestion that somebody— (Time expired)

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

You didn't listen to the Law Council on Gillian Triggs. You were happy to traduce her.

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

Senator Wong!

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

Not this Liberal stooge.

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

Order on both sides!

Senator Heffernan interjecting

Senator Heffernan.

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

We can hear him and you know it. You'd better shut him up.

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

I do not need help from you, Senator Conroy.

Senator Cameron interjecting

Senator Cameron!

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

Seriously, you've got to do something about him.

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

I did not hear the name mentioned. Order! Senator Heffernan, if you made any inappropriate remarks, I expect you to withdraw them.

Photo of Bill HeffernanBill Heffernan (NSW, Liberal Party) Share this | | Hansard source

I didn't.

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

No, you didn't!

Photo of Bill HeffernanBill Heffernan (NSW, Liberal Party) Share this | | Hansard source

I will tell you what I said.

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

No, you will not repeat them.

Photo of Bill HeffernanBill Heffernan (NSW, Liberal Party) Share this | | Hansard source

I said Justice James Wood was the royal commissioner—this is what I said.

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

Do not repeat anything inappropriate, Senator Heffernan.

Photo of Bill HeffernanBill Heffernan (NSW, Liberal Party) Share this | | Hansard source

He was on the clear—

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

Sit down, Senator Heffernan! I will ask you one more time. You will not repeat anything inappropriate. If you did say something inappropriate, I expect you to stand up and to withdraw.

Photo of Bill HeffernanBill Heffernan (NSW, Liberal Party) Share this | | Hansard source

I did not.

2:55 pm

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a supplementary question. I refer to the email from Liberal organiser of the event, Mr Greg Burton, who said he would be inviting politician lawyers including federal parliamentarians. Did any of these politician lawyers raise any concerns with the Prime Minister's office regarding Commissioner Heydon's lack of impartiality in addressing the New South Wales Liberal Party while the royal commission was still afoot?

2:56 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

I am not aware of any politician lawyers in relation to the question asked but I am aware of a lawyer would-be politician who is a member of the Law Council of Australia, which put out this statement, and that is Mr Keogh, who would seek to be the Labor candidate for Canning. So if we are talking about politician lawyers or lawyer politicians, what about the would-be ones who are associated with a statement that has told the ALP in not so many words to desist from this sort of behaviour?

The venom and hatred that is being spewed forth by those opposite is simply because Mr Shorten has been exposed for hiding from the Australian people for eight years a donation of $40,000 which was falsely described as a research officer for a company when he was employed as Mr Shorten's personal campaign director. That is the reason. (Time expired)

2:57 pm

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. I refer to the Prime Minister's comments last year that he trusts Dyson Heydon's judgment and that he was 'very happy to put ourselves in the hands of Dyson Heydon and see where this commission goes'. Is the Prime Minister's continued trust in Commissioner Heydon based on the fact that a partisan inquiry is exactly what he wanted?

Honourable Senators:

Honourable senators interjecting

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

Order! Senator Conroy and Senator Brandis.

2:58 pm

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

The simple fact is that both sides of Australian politics have expressed trust in Dyson Heydon. That is why he was appointed by no less than Neville Wran, former Labor Premier of New South Wales, to the Court of Appeal in New South Wales for one reason only—not because of any alleged bias but because of his legal capacity.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

He's biased. He's your man. You know that. He's a bit like Godwin Grech.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Minister for Employment) Share this | | Hansard source

Senator Cameron cannot bring himself to acknowledge that a Labor government got Mr Heydon started on his judicial career. It was the Labor Party. Why? Because he was so eminent, because he was so stainless. He is an impeccable individual. Why the venom? Why the hatred? Because Mr Shorten has been exposed for overlooking certain paperwork—$40,000 worth of donations to himself. They are also concerned— (Time expired)