Peta Murphy (Dunkley, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Prime Minister. It has been reported that for two years no-one talked to the security guard who discovered Brittany Higgins after her reported sexual assault in the defence minister's office. How is this possible?

Opposition Members:

Opposition members interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

Members on my left, I want to hear from the Leader of the House in silence.

Peter Dutton (Dickson, Liberal Party, Minister for Home Affairs) Share this | Link to this | Hansard source

Mr Speaker, I want to make a couple of points. Firstly, there are matters in this House that are properly dealt with by the presiding officer, so questions are best put to the Speaker or, in the other place, to the President.

Honourable members interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

Members will remain silent.

Peter Dutton (Dickson, Liberal Party, Minister for Home Affairs) Share this | Link to this | Hansard source

That's the appropriate course of action in relation to some of these matters. The second point is that the Australian Federal Police commissioner, Mr Kershaw, has been very clear in relation to the Brittany Higgins matter. That is, there is a police investigation underway at the moment. It may well result in an arrest and a criminal trial here in the ACT or in some other jurisdiction. He has made it very clear to members in this House that his preference is to allow the police to conduct their operation without further public commentary that may potentially compromise either an investigation, the gathering of evidence or, indeed, a successful prosecution. I would ask that, on that basis, the Leader of the Opposition should reconsider the appropriateness of that question.

Anthony Albanese (Grayndler, Australian Labor Party, Leader of the Opposition) Share this | Link to this | Hansard source

I didn't ask it.

Peter Dutton (Dickson, Liberal Party, Minister for Home Affairs) Share this | Link to this | Hansard source

You didn't ask it, but you directed it to be asked, and you should withdraw it and consider the view of the police commissioner. I think that view should prevail in this matter.

Honourable members interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The member for Isaacs won't be here very long if he keeps that up. I'm going to hear the Manager of Opposition Business on the point of order.

Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for the Arts) Share this | Link to this | Hansard source

On the point of order, Mr Speaker, the Leader of the House's points all presume that this question works on the basis that it could have only been the police who were asking questions of the security guard. That's not the question that's in front of us. The question that's in front of us is that no-one asked questions. Given that we are talking about something that happened to a member of staff within the ministerial wing and given that the Prime Minister has subsequently initiated a number of different inquiries, there are many different points at which questions could have been asked. None have. I don't discount for a minute the issues that have been raised, had the question presumed that we were asking: why haven't the police asked? But that's not what this question says.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I'm going to rule on this very clearly for the benefit of all members. Not all members will have been watching Senate estimates yesterday, but the President of the Senate made very clear his approach and, indeed, my approach to answering questions once a criminal investigation has begun. He made that abundantly clear, and I completely concur with him. Statements on our behalf have made that very clear. I've listened to the Manager of Opposition Business. I've listened to what he has had to say, but the question, as it's framed, is not within the responsibility of the Prime Minister. I'll move to the next question.