Christopher Pyne (Sturt, Liberal Party, Shadow Minister Assisting the Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

My question is to the Attorney-General. When did the Attorney first become aware of the concerns of Ms Melissa Batten, a former staffer of the member for Robertson, regarding the preparation of a statutory declaration?

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I will set out the facts of this important matter. Yesterday, in light of matters in the public domain and following consultation with the Prime Minister, I sought advice from my department as to the appropriate course of action to pursue with respect to these matters. These matters, as members are aware, are the subject of investigation by the New South Wales Police. I will quote from the letter of advice I received from my department:

Under the arrangements which exist between the Commonwealth and the state of New South Wales, New South Wales Police are able to investigate and charge people with Commonwealth offences.

The advice continued:

Where New South Wales Police are already conducting an investigation, the usual practice for the Australian Federal Police, if the same events or circumstances are referred to it, is to liaise with the New South Wales Police to see if it can provide any assistance in relation to the investigation. This arrangement avoids unnecessary duplication of work and inconvenience to the people and witnesses involved in the investigation.

Brendan Nelson (Bradfield, Liberal Party, Leader of the Opposition) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order on relevance. With respect to the Attorney, he was asked when he first became aware of the allegations.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The Attorney is addressing the question.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I thank the honourable Leader of the Opposition for the point he made. As I said at the outset, in light of matters in the public domain, I am outlining for the benefit of the House the action I took. Obviously matters in the public domain over the weekend and indeed yesterday motivated the course of action that I have taken. I am outlining to the House the very important matter. I will continue to quote the advice from my department:

In these circumstances, I advise that an appropriate course of action for you to take at this stage would be to request the Australian Federal Police to contact the New South Wales Police to ascertain whether they would be assisted by the Australian Federal Police conducting an investigation as well.

I, in turn, acting on that advice, wrote to Commissioner Mick Keelty. In the concluding paragraph I said:

In light of the fact that the investigation and matters now in the public domain over the weekend and yesterday—

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

When?

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I again refer to matters now in the public domain and, for the benefit of members opposite and in response to the interjection from the member for North Sydney, I continue with the advice—

I would appreciate you considering liaising with the New South Wales Police Commissioner to confirm the extent of their investigation and whether those investigations would be assisted by an investigation conducted by the Australian Federal Police.

That communication occurred earlier today between Mick Keelty, the Australian Federal Police commissioner, and the New South Wales Police commissioner, Andrew Scipione, and they in turn issued a statement—

Christopher Pyne (Sturt, Liberal Party, Shadow Minister Assisting the Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Mr Speaker, I rise on a point of order. I appreciate the level of detail the Attorney is providing, but he was asked when he first found out about the claims from Melissa Batten, and I would like that question answered.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Order! The Attorney-General is addressing the question.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

That communication issued today is material for honourable members in respect of this important matter. The advice from the New South Wales Police is that the commissioners have agreed that New South Wales Police will remain in charge of the investigation until its conclusion, which is expected to be in the near future.

That is the point I would draw to the attention of all honourable members. We have in this country complete operational independence of the Australian Federal Police force. That is confirmed by section 37 of the Australian Federal Police Act. We also have, significantly, a presumption of innocence. I have communicated to honourable members, and deliberately so, the extent of the investigation that is occurring and the fact that the New South Wales Police are investigating this matter.

Ms Julie Bishop (Curtin, Liberal Party, Deputy Leader of the Opposition) Share this | Link to this | Hansard source

Don’t avoid it.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

In those circumstances, it is quite inappropriate, I say to the Deputy Leader of the Opposition, to purport to have a trial by this parliament in circumstances where the matter is being investigated by the New South Wales Police. If I can provide advice to honourable members opposite, the appropriate course of action here is to let the professional police forces undertake their investigation without political interference.