Senate debates Questions without Notice

Royal Commission into Trade Union Governance and Corruption


Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

2:50 pm

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—

Unidentified interjection - Hansard doesn't record who said this

Government Senators:

Government senators interjecting—

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

Excuse me!—at a Liberal Party function.

Stephen Parry

Stephen Parry President

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.

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

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

Mitch Fifield

Mitch Fifield Victoria, Liberal Party, Assistant Minister for Social Services

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

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

I've said it often about your side—

Stephen Parry

Stephen Parry President

Order—to the question.

Government senators interjecting—

Order on my right.

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

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?

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

2:51 pm

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—

Unidentified interjection - Hansard doesn't record who said this

Honourable Senators:

Honourable senators interjecting—

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

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—

Stephen Conroy

Stephen Conroy Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate

He should resign.

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

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

Opposition senators interjecting—

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

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)

Penny Wong

Penny Wong SA, Australian Labor Party, Leader of the Opposition in the Senate

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

Stephen Conroy

Stephen Conroy Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate

Not this Liberal stooge.

Stephen Parry

Stephen Parry President

Order on both sides!

Senator Heffernan interjecting—

Senator Heffernan.

Stephen Conroy

Stephen Conroy Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate

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

Stephen Parry

Stephen Parry President

I do not need help from you, Senator Conroy.

Senator Cameron interjecting—

Senator Cameron!

Stephen Conroy

Stephen Conroy Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate

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

Stephen Parry

Stephen Parry President

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

Stephen Conroy

Stephen Conroy Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate

No, you didn't!

Bill Heffernan

Bill Heffernan NSW, Liberal Party

I will tell you what I said.

Stephen Parry

Stephen Parry President

No, you will not repeat them.

Bill Heffernan

Bill Heffernan NSW, Liberal Party

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

Stephen Parry

Stephen Parry President

Do not repeat anything inappropriate, Senator Heffernan.

Bill Heffernan

Bill Heffernan NSW, Liberal Party

He was on the clear—

Stephen Parry

Stephen Parry President

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.

Bill Heffernan

Bill Heffernan NSW, Liberal Party

I did not.

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

2:55 pm

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?

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

2:56 pm

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)

Catryna Bilyk

Catryna Bilyk Tasmania, Australian Labor Party

2:57 pm

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?

Unidentified interjection - Hansard doesn't record who said this

Honourable Senators:

Honourable senators interjecting—

Stephen Parry

Stephen Parry President

Order! Senator Conroy and Senator Brandis.

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

2:58 pm

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.

Doug Cameron

Doug Cameron NSW, Australian Labor Party, Shadow Minister for Human Services

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

Eric Abetz

Eric Abetz Tasmania, Liberal Party, Minister for Employment

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)