Senate debates

Monday, 28 March 2022

Condolences

Kitching, Senator Kimberley Jane Elizabeth

12:23 pm

Photo of Deborah O'NeillDeborah O'Neill (NSW, Australian Labor Party) Share this | Hansard source

First, I offer my sincere condolences to Kimberley's family, both to her immediate family and to her husband, Andrew, and his beautiful sister, who was of such support to him in the lead-up to the funeral. I also extend my condolences to Kimberley's mother, Leigh; to her father, Bill; to her brother, Ben; and to her many cousins and the extended family network. You all loved her. You lived all or most of your lives alongside her, and I know that your grief is deep and abiding. As her work colleague and friend, I will miss her so much. But as her family, the whole rent in the fabric of your life together, the plans you had for times which are now never to be—that is truly the tragic loss. Andrew, your funeral remarks were extraordinary, and I acknowledge the contribution of my colleague Senator Farrell here this morning who absolutely called it as it is: it was a remarkable celebration of a remarkable life.

I also want to take this opportunity to acknowledge the support in enabling such a tremendous send-off for Kimberley, a daughter of the faith, at St Patrick's Cathedral in Melbourne. I want to thank the Archbishop of Melbourne, Peter Comensoli, for his facilitation of that remarkable celebration of a life well lived. I also want to acknowledge former senator Jacinta Collins. The skills she developed as the Manager of Government Business and the Manager of Opposition Business were, I think, very, very helpful in the course of that week of preparing the send-off for Kimberley.

I also want to acknowledge Kimberley's friends in the trade union movement. It's a vital part of Labor. We are two wings, and we fly with the strength of both. I want to acknowledge the strength, compassion, leadership and courage of Kimberley's great friend Diana Asmar, who read at the mass on the day. I know that she will seek to make sure Kimberley's great contribution is well remembered.

As Senator Roberts indicated, Kimberley was originally from the great state of Queensland. I know that she will be returning there. I want to acknowledge Archbishop Coleridge and the Archdiocese of Brisbane for their facilitation of that and acknowledge what a great team the whole family has been, in their time of crisis and grief, to come together and honour Kimberley in a remarkable way.

I only met Kimberley on her arrival here in Canberra as a senator for Victoria. And what a force of nature she was. Her smile was simply bedazzling. Her pace of movement around the corridors was urgent. Her work ethic was unmatched. Her determination was fierce. Her intellect was abundantly evident. Her care for others and loyalty to friends was unquestionable. What a woman. What a loss to this place, to our Labor family, to our Senate and to our nation. Kimberley was a patriot. She was a woman of courage, capacity and integrity. She was a great Australian who was also very kind.

Kimberley and I rarely worked on the same committees, but we often discussed them and our work in those committees. On one occasion, however, we ended up together undertaking an inquiry into the Foreign Investment Review Board. We came at that hearing from very different places, with different life skills and different perspectives, but we came at it strongly as two Labor women determined to do our bit to protect our nation, to stand for our nation, to interrogate the government for our nation. Our deep suspicion of the influence of the Chinese government and its influence in our markets through supposedly family business structures was my particular interest with regard to Alinta Energy. We were concerned, both of us, about risks to national security, the failure of this government to see the risk, the failure of leadership under Mr Morrison, who, as Treasurer, with his Foreign Investment Review Board in cahoots, ticked off the sale of the Port of Darwin. We were both alive to that failure, and the risk, and we pursued it that day with vigour. Can I say that, although there were only two people overseeing compliance with Foreign Investment Review Board directions at that hearing, there were about 25 very shortly thereafter. These small victories, that will never make a headline and that didn't make a star of Kimberley Kitching, were the stuff of her work here every single day. And that is what makes this place a strong place where we pursue our passion for justice and for fairness with vigour, never losing sight of the thing at the heart of Kimberley: an authentic and genuine care for her fellow human beings whether near or far.

One lingering memory that will always delight me about Kimberley is of a post briefing discussion after one of the hearings that was actually related to the Foreign Investment Review Board inquiry. We were chatting with some witnesses following the close of formal proceedings and the next thing I heard was an animated conversation in French off to my right. I turned around to see Kimberley in full flight with one of the witnesses in French. Normally, in other contexts, this wouldn't be an extraordinary thing to happen, but in this more monolingual Australia—colleagues, I am sure you would agree—it's an uncommon thing to find your colleagues engaged in deep discussion in another language in your proximity. It rarely happens. That was the moment—not by heralding—when I found out that Kimberley was a fluent French speaker. She never bragged about it. She just did it when the time felt right. Our witness was clearly delighted to be able to speak in his native tongue ,and Kimberley facilitated that effortlessly.

Much has been made of Kimberley's capacity as a linguist in recent days—five languages and a predilection for Latin. If only she had been with us longer, I know that those language and personal skills—Kimberley's practical and cultural capacity to speak out into the larger world—would have been used to serve democracy, to serve peace in our world and to always advance the benefits to this nation.

Kimberley's leadership in developing the Magnitsky legislation was remarkable. She deeply understood how vital that legislation would be for our country and how prescient she was in advancing it. Others have spoken about this remarkable achievement in the course of these speeches this morning. That it was passed unanimously with her amendments is a tribute to the leadership that she showed right throughout that process against opposition at many turns.

It's not surprising then that in recent days—with Senator Hollie Hughes—as Australia's delegation to the Inter-Parliamentary Union, we would run into a friend of Kimberley's, a friend who was devastated, as we were, by her recent passing. I have the honour, with the Senate's permission, of placing some words on the record from a colleague from the New Zealand parliament, Louisa Wall, the member for Waikato. She begins: 'My appreciation to Senator O'Neill, who I recently met in Indonesia, for this opportunity to join you in remembering our colleague Senator Kimberley Kitching. Kimberley Kitching was an incredibly proud Australian, a passionate representative of your parliament and people, who sought to use the privilege of office always as a good global citizen, and who was so generous to others who shared the same motivations. Kimberley and I were co-chairs of the Inter-Parliamentary Alliance on China in our respective countries. We joined this global network because, as proud members of democratic political parties, we understood how fundamental it was to safeguard and develop the integrity of our political systems and to voice our support for a free, open and rules based international order. We shared a commitment to human dignity, human rights for minorities and the marginalised, and a belief that this practice of democracy must be fought for intentionally, and that we must join with like-minded countries, participating actively in initiatives that contribute to global good governance and international peace and security. This, for Kimberley, was epitomised in her passion for Magnitsky law reform. It was this law reform that Kimberley was helping her Kiwi colleagues to socialise with colleagues across the New Zealand parliament on. On Monday 7 March 2022, at 7.30 am New Zealand time—5.30 am for Kimberley—IPAC New Zealand convened a Magnitsky sanctions panel discussion on Zoom, with Bill Browder, Geoffrey Robertson QC and Kimberley. My colleague and IPAC co-chair, Simon O'Connor, who I acknowledge today attended Kimberley's funeral on our behalf, sent a text of thanks after the event. Kimberley's reply: "And it's really my pleasure."

I really believe it would be good for New Zealand to have Magnitsky. It's also a very useful tool to have, I think, and also aligns countries with democratic values. Kimberley had helped Australia to have Magnitsky law, and she wanted to help New Zealand too. We're so very grateful to Kimberley for this support, and Magnitsky law remains an IPAC New Zealand priority.

Kimberley and I represent Labor and Labour's formal involvement in IPAC. Our belief is that all people are created equal and entitled to the same basic human rights protected by the state, to dignity, to respect and to an equal chance to achieve their potential. Our commitment to peace and social justice promoted throughout the world by international cooperation and mutual respect is that our governments have a critical role by ensuring fairness and by achieving a more equitable distribution of life outcomes to all our citizens.

I paid tribute to Kimberley in our house and I noted Kimberley was seen as a tireless and fearless, brave justice warrior. I remember Kimberley as a parliamentary representative we should all be. We should all fight for the values of our respective parties. We should all fight for social justice and for human rights. We should all speak out when we see an abuse of power, an abuse of privilege. We should all practice those values our parties are based on. When we use our voices in this context, we should be supported by our colleagues, by our leaders. Unfortunately, this is often not the case, and Kimberley continued anyway, putting her health and possibly her career at risk. Kimberley knew that the point of being a representative was to represent her party, her country, and she did so with utter commitment and resolve. That her health suffered for this is an absolute tragedy.

Kimberley's legacy will live on in the actions of others. Her passion and generosity will not be forgotten. Her husband and family: may you find peace in the appreciation of others of your beautiful Kimberley. Thank you for supporting her service and not only Australian citizens but global citizens from many countries who will benefit from her work.'

I also offered the opportunity to put on the record condolence words from her staff, Marree Goodrick and Jordan Heng-Contaxis. This is their contribution: 'Just weeks after losing Kimberley, we remain unable to adequately convey the deep sadness we feel. Much has been written about Kimberley in the weeks since she passed: of her formidable intellect, her wit, her toughness. No doubt much more will be said here today.

To say Kimberley was only our employer is simply inaccurate. As in many offices in this place, a bond exists between a member or senator and their staff that is something so much more. It's a bond that is impenetrable, a bond of unwavering loyalty and trust. It's a bond that's forged during gruelling 16-hour sitting days and the irregular hours in the electorate. It's a bond that's born during late night chats, takeaway food between commitments, and texts and calls at all hours. For us, this just stopped one day. There was no off ramp, no preparation, no warning as in the case of retirement; it just was and then it wasn't.

We shared a deep and personal relationship with Kimberley. She was our boss but also our friend, our confidant and our mentor. For some of us, Kimberley gave us our first jobs. For others, we came to work together later in our careers. But there was never a hierarchy. Kimberley cared about what we thought, about our desires, our struggles and our relationships. Kimberley supported us, she encouraged us, she challenged us. Our contributions were greeted with respect. Kimberley valued our opinion. She made sure we celebrated our professional and personal successes and, equally, we supported each other in challenging times. Kimberley did so much for us, and, while she regularly expressed her thanks, we now realise we never really told her how much she meant to us. We're sure she knew, though.

Many years ago we printed and taped to a wall in our Canberra office the poem Japanese Maple by Clive James. Kimberley loved this poem. She'd often stop and read it. Written towards the end of his life, Clive James's words both reflect on his life and say goodbye. These words now carry a new weight for us:

Enhanced, in fact. When did you ever see

So much sweet beauty as when fine rain falls

On that small tree

And saturates your brick back garden walls,

So many Amber Rooms and mirror halls?

Ever more lavish as the dusk descends

This glistening illuminates the air.

It never ends.

Whenever the rain comes it will be there,

Beyond my time, but now I take my share.'

In closing, I want to reflect on the opportunity that I had to meet Bill and Leigh as we left the rosary at the cathedral in Melbourne a bit over a week ago. To meet Leigh and hear her speak of Kimberley as a baby was profoundly instructive. She described going to the cot in the morning and finding a baby that was just smiling and kicking her arms and legs, desperate to say hello and good morning. The joy that she had as a parent was too much for her to bear, so she'd say, 'Bill, Bill, come in and have a look at this baby!' Her words to me were, 'She made us feel like gods.' That natural abundance of joy was a gift, and Kimberley never hid it. She gave it in spades to everybody for a lifetime.

She began her life with joy. She shared it every day—joy overflowing. She wanted a good life, not just for herself but for everyone, and she lived a good life. Kimberley, I hope, will be remembered not only with the award for human rights, not only in the way that Senator Payne has indicated today, but in our action—our action as we leave this chamber today. We need to commit to a kinder, more harmonious place to work and to lead. We need to commit to agreement-making, seeking respectful disagreement rather than torrid taunting and brokenness. That's not leadership; it won't take us anywhere good.

We all need to lift and rise in her honour. That is the commitment that I make and that is, I hope, the practical outcome of the loss of our great friend. I do want to acknowledge the many beautiful times of sharing a glass or two of champagne with Helen, Jacinta and Kimberley in various offices—well shared, well enjoyed—and how privileged we were to know her. Now, after all her heroic efforts in the 52 years of life she was granted, may Kimberley Kitching rest in peace.

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