John Faulkner (NSW, Australian Labor Party, Vice-President of the Executive Council) Share this | Link to this | Hansard source

I indicated to the Senate that I wanted to complete my answer to the question and supplementary questions that you asked during question time, Mr Deputy President. I want to inform the Senate that I sought legal advice on this issue and that I was advised today that, despite the coroner’s expressed preference, it is legally open to defence to decide to release the material but that, before doing so, it would be prudent for defence to consult with the police as to whether release could prejudice an ongoing investigation.

I have also been advised that any decision about release should take the coroner’s views into account. I therefore instructed the Chief of the Defence Force to contact both the police and the coroner again to advise them that I intended to release the material shortly unless they advised me that they believed that such a release would have an adverse or prejudicial effect on their investigations and processes. I have now been provided with a copy of a letter from the Office of the Northern Territory Coroner. As a courtesy, I think I should check with the coroner about the appropriateness of tabling this. I will seek his indulgence that I table it.

But let me share the effective content with you. The coroner has today written to Air Chief Marshall Houston, the Chief of the Defence Force, to indicate that, after mature consideration, discussions with investigating police and advice from senior counsel, he has requested that CDF—or the minister, I interpolate—not release any of the material mentioned in our correspondence. The coroner said:

In my view, the early release of the material into the public domain may well compromise the conduct of the inquest and prejudice due process.

That is a very frank status report to this Senate about this incident. I want to repeat that I want this material to be released as soon as possible and I will release it as soon as I can. I hope every senator would agree with me that I also need to respect legal process. I will not do anything, nor should any senator or any member of the fourth estate expect me to do anything, that would compromise the police investigation or the coroner’s inquiry into these matters.

This is a matter of process, not a matter of politics, and I can assure the Senate that is precisely how I have treated it. I will seek further advices about information I would like to make available to the Senate. If I am able to, I will do so before the adjournment of the Senate this evening. I intend, because I am committed to transparency on these and other matters, to keep the Senate, the parliament and the public fully informed, but I also intend to behave with propriety on these matters.