Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

My question is to the Leader of the Government in the Senate, Senator Wong. In relation to the settlement of a compensation claim on 13 December 2022, why didn't the Commonwealth or its legal representatives seek any evidence from former ministers or their staff about the matters cited in the claim?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I thank Senator Scarr for the question. The advice I have is that the claim in question was managed consistently with the Commonwealth's obligation under the Legal Services Directions, and the Commonwealth has settled in accordance with legal principle and practice. In relation to the legal representation point of Senator Cash and Senator Reynolds, that was managed by the Commonwealth consistently with the Parliamentary Business Resources Regulations. Obviously, Senators Cash and Reynolds were under no responsibility to seek this assistance from the government. And I have some further information which goes to the Legal Services Direction 2017, which was issued by the Attorney-General under the Judiciary Act and which sets out the binding rules for Commonwealth legal work. The claim in question was managed in accordance with those principles.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Scarr, first supplementary?

Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

Thank you, Senator Wong, for that answer. As a follow-up question, can the minister confirm to the chamber that the claim was settled at the very first mediation, which lasted just a single day? And can the minister also confirm that no aspect of this claim ever came before a hearing of a court?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

As I understand it, the matter was obviously settled, and the intrinsic nature of settlements is the fact that they often occur prior to the matter going to any court or other tribunal. I don't have personal knowledge about, and nor does the advice in front of me indicate, how long those discussions were engaged in for. I would make the point that these are matters that are settled in accordance with legal principle and practice, and I'm advised that the parties agreed that the terms of the settlement are confidential.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Scarr, a second supplementary?

Paul Scarr (Queensland, Liberal Party) Share this | Link to this | Hansard source

I would note that in many cases—and the opposition leader has legal experience, as I do—claims are settled after court hearings are initiated, and sometimes mediations even occur on the steps of the court. Minister, can you confirm that the Commonwealth agreed to settle the matter without putting any of the claims made to the people involved?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

First, in relation to the comments about when settlements occur, it is a very long time since I was a lawyer, but from the dim, dark recesses of my memory I recall that settlements would occur at many, many stages in the process—sometimes, as you know, before proceedings were issued, sometimes shortly after proceedings were issued and sometimes, as you identify, after proceedings had commenced, including hearings. The response I would make to what you've put to me is that the advice I have is that this matter was settled in accordance with legal principle and practice, informed by external legal advice, and model litigant obligations were upheld.