Senate debates

Thursday, 22 June 2023

Questions without Notice

Members Of Parliament: Staff

2:53 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

My question is to the Minister for Finance, Senator Gallagher. I refer the minister to section 4.1 of the Prime Minister's Code of Conduct, which states that ministers must, and I quote:

… take all reasonable steps to ensure that they do not mislead the public or the Parliament.

Minister, given you have clearly misled the Senate regarding your knowledge of sexual assault allegations prior to them being made public, are you not in breach of section 4.1 of your own government's ministerial code of conduct?

2:54 pm

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

nator GALLAGHER (—) (): The answer to that is no. I refer Senator Birmingham to the statement that I made to this chamber on the first sitting day of this fortnight, when I addressed this question comprehensively. I can read it out for colleagues across the Senate again. I said:

At Senate estimates on 4 June 2021, the then Minister for Defence, Senator Reynolds, said:

'I know where this started.'

She went on to say:

'I was told by one of your senators two weeks before about what you were intending to do with the story in my office. Two weeks before.'

I was shocked at the assertion made by Senator Reynolds, with the clear implication that I was responsible for or had some involvement with making that story public. That was not true. It was never true. I responded to that allegation by saying:

'No-one had any knowledge.'

I explained that to Senator Reynolds in a wideranging private meeting that night, where several matters were discussed. I informed Senator Reynolds that I'd been given a heads-up about the allegations in the days before they became public, an explanation she accepted at the time, some two years ago. In fact, Senator Reynolds even said so on the record in Senate estimates that same night:

'I would like to say, in relation to the matters raised before the dinner break, Senators Wong, Gallagher and I had a very respectful discussion during the dinner break, and they've assured me they were not involved in that matter becoming public. I accept their assurance.'

I repeat, she said:

'… they've assured me they were not involved in that matter becoming public. I accept their assurance.'

This proves that Senator Reynolds knew that the context of our exchange that evening was around whether I was involved in that matter becoming public—and I was not. Senator Reynolds and Senator Ruston—

who also attended that meeting—

have known that for two years and have never since raised a concern about that with me.

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

Senator Birmingham, a first supplementary?

2:55 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

Minister, what you conveniently omitted from that extract of your statement was the fact that you had been provided with information and knowledge prior to it becoming public. Section 5.1 of the same ministerial code of conduct says:

Ministers are required to provide an honest and comprehensive account of their exercise of public office … in response to any reasonable and bona fide enquiry by a member of the Parliament …

Minister, why have you consistently refused to live up to that standard by denying the reality that you did mislead the Senate?

2:56 pm

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

I may have misheard Senator Birmingham there, but I did say as part of my statement that I informed Senator Reynolds that I had been given a heads-up about the allegations in the days before they became public, an explanation she accepted at that time, some two years ago.

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

Senator Birmingham, a second supplementary?