Senate debates

Monday, 12 September 2016

Questions without Notice

Administrative Appeals Tribunal

2:08 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

My question is to the Attorney-General, Senator Brandis. I refer to the Attorney's media release of 6 May 2016 in which he announced 76 appointments to the Administrative Appeals Tribunal—the day before the commencement of the caretaker period. In particular, I note the Attorney-General's appointment of Mr Tavoularis to the position of full-time senior member—a $370,000 a year position. When and how did the Attorney-General become aware of Mr Tavoularis's interest in being appointed to the Administrative Appeals Tribunal?

2:09 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Mr Tavoularis's appointment to the Administrative Appeals Tribunal was extremely well received by the legal profession in Brisbane, to whom he is familiar. The appointment was made through the ordinary processes and was also an appointment made consistently with the protocol agreed to between the government and the Administrative Appeals Tribunal. When Mr Tavoularis was approached he agreed to accept the appointment, and the government thanks him for doing so.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Wong.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

I repeat my primary question: when and how did the Attorney become aware of Mr Tavoularis's interest in being appointed to the AAT. Could the minister answer that? I ask a supplementary question. On how many occasions and on which dates did the Attorney-General or members of his office discuss with Mr Tavoularis his proposed appointment prior to the matter being considered by cabinet?

2:10 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Wong, I would not express the point in the way in which you have expressed it. When you say 'did I become aware of his interest', I approached him, as I approach any appointee. People do not approach ministers ordinarily and seek to be appointed to courts or tribunals. People do not ordinarily approach ministers or attorneys to seek to be appointed to courts or tribunals. Of all of the members of the bench to whom I have offered appointments, whether to the High Court, the Federal Court, the Family Court, the Federal Circuit Court or the AAT, I cannot recall a single occasion on which I have been approached. The ordinary procedure or protocol is for a person to be approached by government, and the ordinary protocols were observed on this occasion. (Time expired)

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Final supplementary question, Senator Wong.

2:11 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Given the Attorney-General has acknowledged that Mr Tavoularis is well known to him, that Mr Tavoularis has acted for his son and today that the Attorney personally approached him prior to the appointment, can the Attorney-General advise whether he declared a conflict of interest to the cabinet, as is set out in the Statement of Ministerial Standards and the Cabinet Handbook?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Mr Tavoularis is a respected Brisbane solicitor.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Answer the question, George.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

There is no conflict of interest whatsoever. Mr Tavoularis was an extremely suitable person. The government is grateful to him for being prepared to accept this appointment. Since he has served in that office, he has served in an extremely diligent and admired manner. I spoke as recently as this morning to the president of the Administrative Appeals Tribunal. He has no criticism to offer of Mr Tavoularis's performance in the role.

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

It is about your behaviour.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Cameron!

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

I might say, Senator Wong: if your concern arises from the fact that it has been reported that Mr Tavoularis donated some years ago some money to the Liberal-National party, I might remind you that political affiliations are never an issue—never an issue—when considering appointment to courts and tribunals, as is evident from the fact that the president of the AAT was himself a former Labor minister. (Time expired)