Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

My question is to the Attorney-General. When did the Attorney-General or her office first become aware of the content of the offensive SMS messages from the member for Fisher to Mr James Ashby?

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

I am just taking a moment to contemplate whether this is actually within the Attorney-General's portfolio. The Attorney-General has the call.

Honourable members interjecting—

The Attorney-General has the call and continued advice from the sidelines, from all sides, is wearing thin.

Nicola Roxon (Gellibrand, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

Thank you, Madam Speaker. You were right to hesitate at the question being asked. Of course, I am happy to answer any question that I can appropriately answer, within a couple of constraints. One of those is a matter that the Commonwealth is no longer party to, which is still before the court. Justice Rares has reserved his judgement and these text messages that the Deputy Leader of the Opposition is asking questions about are actually part of his determination.

As has been publicly reported, material was provided to the Government Solicitor at the end of May. Undertakings were made, as required by the court, by all parties that the material could only be used for the purposes of court proceedings. That is the only circumstance upon which any material could be used. That is all that has been provided. Of course, I as the Attorney—

Opposition Members:

Opposition members interjecting—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

Order!

Nicola Roxon (Gellibrand, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I am answering the question as I am appropriately able to answer.

Kevin Andrews (Menzies, Liberal Party, Shadow Minister for Families, Housing and Human Services) Share this | Link to this | Hansard source

When did you become aware? You can answer this.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The member for Menzies is warned!

Nicola Roxon (Gellibrand, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

For a member who has actually dragged the Commonwealth before the courts on the way he conducted himself in ministerial office—

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The Attorney-General will return to the answer.

Nicola Roxon (Gellibrand, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I think it is a little bit rich for him to be intervening.

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The Attorney-General will ignore interjections.

Nicola Roxon (Gellibrand, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I am really not able to go into each stage of the legal advice that we have been provided with at different times. It is before the court. The legal advice is subject to legal professional privilege. That material was with the Government Solicitor. I had been briefed on that material, and I really cannot provide further information while that matter is still before the court.

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Madam Speaker, I rise on a Speaker, I rise on a point of order. It was a simple question: when did the Attorney-General or her office become aware of the content of the offensive SMS messages? That is not a sub judice matter. When did she become aware—or her office?

Ms Anna Burke (Chisholm, Deputy-Speaker) Share this | Link to this | Hansard source

The Deputy Leader of the Opposition will resume her seat.