Simon Birmingham (SA, Liberal Party, Minister for Finance) Share this | Hansard source

I firstly would make the point that the Attorney-General, as with any other Australian, is entitled to initiate defamation proceedings. They're entitled to do that against the ABC or anybody else who is alleged to have defamed them.

Senator Keneally interjecting—

He is still entitled to initiate defamation proceedings, Senator Kenneally. In relation to questions that Senator Hanson-Young asked, I would firstly point out that, at this point in time, the Acting Attorney-General, Senator Cash, fulfils all of the functions of the Attorney-General's responsibilities, assisted in the delegated responsibilities by Senator Stoker, the Assistant Minister to the Attorney-General.

The government, out of an abundance of caution, has sought advice from the Solicitor-General in relation to the functions of the Attorney-General, to avoid any perception that any conflicts of interest may arise when he returns to fulfil his office. Out of caution, the government has indicated that, until that advice is finalised, the Attorney-General and his office will not perform certain functions that may relate to the administration of the Federal Court or to the ABC. The government is, as I said, seeking that advice from the Solicitor-General, which will fully inform the practices and processes that are put in place upon the Attorney-General's return to work.