Bill Shorten (Maribyrnong, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Hansard source

The commission noted that it applied the rules of procedural fairness. Persons who were likely to have findings made against them were notified in advance and given the chance to respond before the final report. All witnesses had the chance to seek leave to cross-examine other witnesses. The commission's processes were inquisitorial, not adversarial—not a party advancing a particular case. The commissioner explained that where she made findings against individuals that were liable to cause real damage to reputation she adhered to the Briginshaw standard. That is the application of extra care when making findings of fact in serious civil matters. The commissioner specifically stated that she did not reach her conclusions without a high degree of satisfaction as to the evidence.

But the challenge now for the opposition and the Leader of the Opposition is as simple as this, courtesy of the member for Cook: he disputes it. He implies very clearly that he didn't get a fair go. So, the choice for the Leader of the Opposition is very straightforward. Who's correct? Is it the member for Cook, who you said gave a strong defence on Monday night? But they were clever weasel words from the Leader of the Opposition. He said 'strong defence'; he didn't actually say whether he agreed with him. So now what we've got to do is ask the question of the Leader of the Opposition. This is a test for your leadership. Do you back the member for Cook? Or do you back the royal commission? You're in an untenable position and you can't sit on the fence any longer. My advice is, cut him loose before he drags you down with him.

See this speech in context