Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

My question is to Senator Wong, representing the Attorney-General. In 2005 retired Customs officer Mr Allan Kessing showed a report detailing serious flaws in airport security to Nathan Cureton, a staffer for the member for Grayndler, Anthony Albanese, and he further discussed that report with Mr Cureton. My question to the minister is: given that information subsequently featured in a series of articles in the Australian newspaper which triggered the Howard government to order a review and ultimately allocate $200 million to upgrade airport security, does the minister concede that Mr Kessing was acting in the national interest when he provided this information to the office of the member for Grayndler?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

I thank Senator Xenophon for the question. I am aware of the reports to which the senator refers, reports that suggest that Mr Kessing provided classified information to Mr Albanese’s electoral office and to other persons in 2005. I understand that the Attorney-General has indicated that the government has no plans to instigate an inquiry. It is the case that the appropriate body for investigating this issue or any such issue is the AFP if in fact the Australian Federal Police see fit to investigate. I personally have not been briefed by the AFP in relation to this matter but I again emphasise that the AFP is obviously an independent statutory office and the Australian government cannot and should not direct the Australian Federal Police on any specific operational matters.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Can the minister provide the precise date when the member for Grayndler first became aware of any of the information provided to his staff and Mr Cureton by Mr Kessing?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

Mr President, obviously I am here representing the Attorney-General and what I would say on this issue is that I am aware of reports in which Mr Albanese has indicated that he is confident that his office acted appropriately and within the law when dealing with Mr Kessing, and I do not propose to add to those public comments.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

Mr President, I ask another supplementary question. The ALP’s election 2007 policy document relating to government information argues the prosecution of Allan Kessing shows there are inadequate protections for whistleblowers under the current legislation. The document says:

Although Mr Kessing’s actions ultimately made Australia safer, he was nevertheless prosecuted and ultimately convicted.

Will the government now move to pardon Mr Kessing given the ALP’s own policy document used his example to show the unfair nature of current whistleblower protection laws?

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

Firstly, in relation to whistleblower issues, I understand that my colleague Senator Ludwig has responsibility for those. It is the case, Senator, regardless of what any individual might think about the merit of the matter, that Mr Kessing was found guilty by a court of law of an offence which, I understand, he claims to be innocent of. There are obviously a number of options available to Mr Kessing going ahead. He may appeal his conviction. He may apply for Commonwealth assistance to do so, and he may apply for pardon. Mr Kessing may appeal the court’s finding by special leave to the High Court.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

Senator Conroy interjecting—

Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Senator Abetz interjecting—

John Hogg (President) Share this | Link to this | Hansard source

Order, Senator Conroy and Senator Abetz! I am trying to hear the answer.

Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

I am advised by the Attorney-General’s Department that an application for special leave to appeal to the High Court was filed, which included a constitutional challenge to section 70 of the Crimes Act.