Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

My question is to the Minister for Employment, Senator Cash. On 29 September the Federal Court handed down its decision in relation to the illegal behaviour of the former commissioner of the Australian Building and Construction Commission, Mr Hadgkiss, ending 13 months of litigation. What amount of taxpayers' money was spent defending Mr Hadgkiss?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

I thank Senator Pratt for her question. Senator Pratt, you would be aware it is longstanding practice for Commonwealth statutory office holders and employees to be indemnified for the costs of defending legal proceedings brought against them. For your information, the indemnity given to Mr Hadgkiss covering his costs was consistent with the Commonwealth Legal Services Directions. It did not cover the penalty awarded against him. In terms of your question as to what are the finalised legal costs, I am advised that the amount for Mr Hadgkiss's legal costs is yet to be finalised.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Pratt, a supplementary question.

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Can the minister confirm that the cost to taxpayers could have been substantially reduced had Mr Hadgkiss admitted his behaviour was illegal some 13 months earlier?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Again, Senator Pratt, I remind you that it is longstanding practice for Commonwealth statutory office holders and employees, regardless of who is in government, to be indemnified for the costs of defending legal proceedings brought against them. In relation to current legal proceedings, for example, you would be aware that there are current legal proceedings in relation to the former Gillard government's live cattle trade debacle.

Stephen Parry (President) Share this | Link to this | Hansard source

A point of order, Senator Wong.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

The question was very precise, Mr President, bearing in mind your advice from the chair. It was: 'Can the minister confirm that the cost to taxpayers could have been substantially reduced had Mr Hadgkiss admitted his behaviour was illegal 13 months earlier?'

Stephen Parry (President) Share this | Link to this | Hansard source

Thank you, Senator Wong. I remind the minister of the question.

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Thank you very much. As I stated in relation to it, regardless of which government is in office, there are certain longstanding practices that are adhered to. For example, in relation to former minister Joe Ludwig, the Australian taxpayer is still paying the legal fees of the former agriculture minister in terms of the litigation that has been brought against him. To date the government has had to pay more than $800,000—

Stephen Parry (President) Share this | Link to this | Hansard source

Order, Minister. A point of order, Senator Wong.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

What an abuse of the Senate that she's able to give quantum—sorry; the minister—

Government senators interjecting—

Stephen Parry (President) Share this | Link to this | Hansard source

Order on my right.

Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

can give quantum on one thing but not the thing about which she's being asked. This is on direct relevance. There was one question asked. The minister's avoiding the question. If she wants to go on a political diatribe, she can do it in taking note.

Stephen Parry (President) Share this | Link to this | Hansard source

Thank you, Senator Wong. Senator Brandis, on the point of order?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

On the point of order: the minister made it perfectly clear that the amount is not settled. She is being directly responsive to the question.

Stephen Parry (President) Share this | Link to this | Hansard source

The minister has three seconds in which to conclude her answer. I'll remind the minister again of the question and invite the minister to conclude her answer.

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Well, Mr Hadgkiss pleaded to the actual court— (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Pratt, a final supplementary question.

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Can the minister please explain why taxpayers are footing the bill for defending Mr Hadgkiss when he ignored advice from senior staff that his behaviour was a legal risk and he waited 13 months to admit that his behaviour constituted a reckless breach of law?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Again, Senator Pratt, I would remind you that, regardless of who is in office, it is longstanding practice for Commonwealth statutory office holders and employees to be indemnified for the cost of defending legal proceedings brought against them.