Senate debates

Thursday, 16 November 2017

Questions without Notice

Hadgkiss, Mr Nigel

2:20 pm

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

My question is to the Minister for Employment, Senator Cash. The former commissioner of the Australian Building and Construction Commission resigned on 13 September after admitting he had recklessly breached the law, despite 12 months of costly litigation in defence of his illegal behaviour. Can the minister confirm that Mr Hadgkiss received an additional two-week period of notice of over $16,000? If so, who approved the additional two weeks pay?

2:21 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I thank Senator Cameron for the question. You are correct, Senator Cameron: the government accepted Mr Hadgkiss's registration on 13 September 2017 and it took effect on 27 September 2017. He was, therefore, paid between the period of the resignation—

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Order, Senator Cash. Senator Farrell?

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Shadow Minister for the Centenary of ANZAC) Share this | | Hansard source

I have a point of order. It's just not clear what the minister said. Did she say 'resignation' or 'registration'? Could we please clarify?

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cash was relevant to the question. That wasn't technically a point of order.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

The resignation took effect on 27 September. He, therefore, would have been paid up until 27 September.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Have you completed your answer, Senator Cash?

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

I asked: who approved the pay?

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron, take your seat. I am clarifying what's happening. Senator Cash, have you concluded your answer?

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I have.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron, do you have a supplementary question?

2:22 pm

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

Yes, I have a supplementary question. The minister told the Senate Education and Employment Legislation Committee that Mr Hadgkiss did not seek assistance for any penalty. Given the additional $16,000 that covered the penalty of $8,500, isn't it clear that the taxpayer picked up the tab for Mr Hadgkiss's penalty? Who approved the payment?

2:23 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I absolutely reject the premise of your question. I have made it very clear in a number of estimates hearings that Mr Hadgkiss was not given any indemnity, nor did he request one, in relation to any penalty.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron, a final supplementary question.

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

We just can't get answers out of this minister. Given the disgraced Mr Hadgkiss only admitted to recklessly breaching the law after 12 months of costly and unnecessary litigation at taxpayers' expense, why was Mr Hadgkiss allowed to profit from breaking the law? Is it because he's a Liberal mate?

2:24 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

Senator Cameron, I fundamentally reject the premise of your question. In relation to who approved the payment, Mr Hadgkiss was paid in accordance with normal procedures. Given that, Senator Cameron, you have raised the issue of the CFMEU, I can take the Senate yet again through the fact that in relation to—

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron?

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

This is the third question I have asked. This is on relevance. This is the third question and this minister has not gone near to answer any one of the questions. She should at least be drawn to the question.

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron, both of your questions had preambles and the senator was directly addressing that. I cannot direct the minister how to answer a question.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I have to say, it would be nice if one day Senator Cameron came into this Senate with as much venom as he has towards the Australian Building and Construction Commission, who ensure that law and order is maintained in the building and construction industry, and actually condemned members of the CFMEU, who are nothing more and nothing less than thugs who have convictions in courts—

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Order! Senator Cameron.

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

This minister has not answered any of the three questions I have asked. On relevance, why was Mr Hadgkiss allowed to profit from breaking the law?

Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

Senator Cameron, you do not get to restate your question. I draw the minister's attention to the question. The minister is allowed to challenge the premise of a question.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

As I was saying, numerous CFMEU officials have time and time again broken the law, and you can see, again, those on the other side merely run a protection racket for them.