Senate debates Questions without Notice

Hadgkiss, Mr Nigel


Doug Cameron

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

2:41 pm

My question is to the Minister for Employment, Senator Cash. The minister has told the Senate she first became aware of the behaviour of the former commissioner of the Australian Building and Construction Commission, Mr Hadgkiss, behaviour now known to be illegal, on 11 October 2016. How and by whom was the minister informed, and what action did she take once she was aware of Mr Hadgkiss's behaviour?

Michaelia Cash

Michaelia Cash WA, Liberal Party, Minister for Women

2:42 pm

I thank Senator Cameron for his question. I reiterate the statements that I have already made to the Senate in relation to when I was advised. I was actually briefed by my department in relation to the issue that Senator Cameron raises.

In relation to the action that I took, Senator Cameron, I don't know about you, but, on this side of the chamber, the government firmly believes in the rule of law, and unlike those—

Stephen Parry

Stephen Parry President

Order, Minister. Senator Cameron, a point of order?

Doug Cameron

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

Yes, a point of order on relevance, Mr President. I asked how and by whom—how and by whom—was the minister informed, and what action did she take once she was aware of Mr Hadgkiss's behaviour?

Stephen Parry

Stephen Parry President

Thank you, Senator Cameron. Two of the elements, I agree, the minister hasn't addressed yet, but the minister has been directly relevant in answering your question in relation to 'what action'. I think it's unfair for me to rule otherwise, so the minister is in order.

Michaelia Cash

Michaelia Cash WA, Liberal Party, Minister for Women

Thank you, Mr President. As I was saying, Senator Cameron, clearly, unlike you, this is a government that firmly believes in the rule of law and, unlike you, we practise what we preach. In other words, Mr Hadgkiss was given, as was due to him, the presumption of innocence.

Doug Cameron

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

2:43 pm

After becoming aware of Mr Hadgkiss's behaviour in October 2016, when did the minister first discuss the behaviour with the Prime Minister?

Michaelia Cash

Michaelia Cash WA, Liberal Party, Minister for Women

2:44 pm

Again, as I've stated, consistent with the position of the Australian government on matters before the courts, I know you want me to say that you would have taken action to sack Mr Hadgkiss, but—

Stephen Parry

Stephen Parry President

Order, Minister. A point of order, Senator Wong?

Penny Wong

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

I'm conscious that it was a very short period, but the minister is answering the primary question. The supplementary is very simple: when did the minister first discuss the behaviour with the Prime Minister?

Stephen Parry

Stephen Parry President

Yes, the minister hasn't reached that element of the question; however, it has only been a few seconds into the question. I will call the minister and remind her of the question.

Michaelia Cash

Michaelia Cash WA, Liberal Party, Minister for Women

In relation to the Australian Building and Construction Commission, there were several discussions over a very long period of time, given that we were trying to get the double-dissolution bill through the Senate, with various people. But I do note, Senator Cameron, that neither you, nor the Labor Party nor the union ever raised this issue with me once.

Doug Cameron

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

Again, the point of order is on relevance. It is a simple question, a direct question: when did the minister first discuss the behaviour with the Prime Minister? The minister has not gone near that question.

Stephen Parry

Stephen Parry President

She has gone near it, but I will remind the minister of the question. Minister, have you concluded your answer? The minister has concluded her answer.

Penny Wong

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

A point of order, Mr President: I know there's a lot of give and take, but the Leader of the Government in the Senate continues to call people on my front bench 'goose', 'the goose' and 'you goose'. Could we have a little decorum from him—just a little?

Stephen Parry

Stephen Parry President

Order! The decorum does go both ways. Thank you, Attorney-General.

George Brandis

George Brandis Queensland, Liberal Party, Attorney-General

Yes, I did call Senator Cameron a goose, and I withdraw.

Stephen Parry

Stephen Parry President

Senator Cameron, a final supplementary question.

Doug Cameron

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

2:45 pm

When did the minister first become aware that Mr Hadgkiss had been warned by his senior staff that his behaviour was a legal risk and that he had ignored that advice?

Michaelia Cash

Michaelia Cash WA, Liberal Party, Minister for Women

2:46 pm

As I've stated, in relation to the first issue I was briefed by my department on 11 October 2016 in relation to Mr Hadgkiss's alleged contact. In relation to Mr Hadgkiss's acceptance of the conduct, I was briefed on 12 September 2017.

Stephen Parry

Stephen Parry President

A point of order, Senator Wong?

Penny Wong

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

A point of order on relevance: the question went to when the minister became aware that Mr Hadgkiss had been warned by his staff that his behaviour was a legal risk.

George Brandis

George Brandis Queensland, Liberal Party, Attorney-General

She's finished her answer.

Penny Wong

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

Is she avoiding the question?

Stephen Parry

Stephen Parry President

The minister has finished her answer, but the minister, I believe, did answer that question and quite explicitly.

Doug Cameron

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

No, she didn't.

Stephen Parry

Stephen Parry President

I can only hear what I hear, and I heard the minister provide a date in response to the question. Senator Cameron, a point of order?

Doug Cameron

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

On that issue that you raised, Mr President, I would ask that you have a look at the Hansard and actually see what the minister did say. She did not go to that question.

Stephen Parry

Stephen Parry President

I constantly review the Hansard and I will do so again as I normally do after question time. If I need to come back to the Senate, I will.