Senate debates

Wednesday, 14 June 2023

Questions without Notice

Ministerial Standards

2:00 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

My question is to the Minister for Finance, Senator Gallagher. Minister, yesterday in your statement to the Senate you addressed the issue of your role in the Commonwealth settlement. You said:

the Minister for Finance has no decision-making role in processes around significant legal matters—absolutely none.

And you quoted paragraph 3.2 of the Legal services directions. Guidance note 7, issued by the Office of Legal Services Coordination, relates to paragraph 3 of the directions. The guidance note explicitly refers to your role as a relevant portfolio minister requiring an agency seeking to settle a matter to provide information about any approvals by or briefings to the portfolio minister before a settlement request is provided to the Attorney-General. Was a brief or any form of advice ever provided to you or to your office on this claim or proposed settlement as envisaged by the guidance note and, if not, why not?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Before I call the minister, I am going to ask senators for silence. That was a complex question. I need to hear it, and I also need to hear the minister's answer.

2:01 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

Thank you, Senator Cash. No. From my memory, I did not receive a brief or any advice from my department. I think it was quite detailed in terms of any other advice that may have come to the office. I would just want the opportunity to check that. But, from my point of view, I had no role and no briefing from the Department of Finance.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Cash, a first supplementary.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Did you ever declare a conflict in relation to any aspect of this matter, including the proposed settlement, or did you ever seek advice in relation to a potential conflict? If so, when and to whom?

2:02 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

It never came to me, so there was never any conflict to declare. If it had come to me, I would have declared a conflict, but it didn't. It didn't cross my desk. I did not get a brief. If there is anything further that I can update the Senate about on that, I will.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Cash, a second supplementary.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Did you or your office have any communication with the Attorney-General or his office in relation to the proposed settlement of this matter, and, if so, please detail the timing that contact?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I certainly had no contact with the Attorney-General. Again, just for the purposes of being absolutely clear to the Senate, I will take other aspects of that on notice, because that would require me going and speaking with other people. But, from my point of view, no.