Sam Dastyari (NSW, Australian Labor Party) Share this | Link to this | Hansard source

At the request of Senator Collins, I present the 167th report of the Senate Standing Committee of Privileges, entitled Persons referred to in the Senate: Ms Jane Carrigan.

Ordered that the report be adopted.

Mr Acting Deputy President, I seek your guidance on this. I have a statement here to be read into the Hansard record. I understand it may have already been shared, so I seek leave to incorporate it into Hansard. If that's not the case, I'm more than happy to just read it into the Hansard.

Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Is leave granted to incorporate that, or would you prefer Senator Dastyari to read it?

Sam Dastyari (NSW, Australian Labor Party) Share this | Link to this | Hansard source

I can read it. It's only two pages.

Nigel Scullion (NT, Country Liberal Party, Minister for Indigenous Affairs) Share this | Link to this | Hansard source

I'm not aware of whether we've seen it or not, but we'll just take you on trust, Senator, in the interests of time.

Sam Dastyari (NSW, Australian Labor Party) Share this | Link to this | Hansard source

That's a decision that many people have regretted over the years, but I thank you.

The statement read as follows—

This report is the 72nd in a series of reports recommending that a right of reply be afforded to persons who claim to have been adversely affected by being referred to in the Senate, either by name or in such a way as to be readily identified.

On 22 August 2017, the President received a submission from Ms Jane Carrigan, relating to a report tabled in the Senate by the Minister for Employment (Senator Cash) on 15 March 2015. The President referred the submission to the committee under Privilege Resolution 5.

The committee considered the submission at its meeting on 7 September 2017, including whether the resolution relating to the protection of persons referred to in the Senate extends to the case where the person was referred to in documents tabled in the Senate. In this context the committee noted that the document is a report that was prepared for the purposes of advising the Parliament as to whether there was a reasonable basis to consider requesting the Governor-General to remove a now former Vice President of the Fair Work Commission from his position. Ms Carrigan's formal complaint about the Vice President's behaviour was considered in the report that was prepared for the purposes of transacting the business of the Senate. It was tabled in the Senate and therefore is part of the Senate's proceedings. In this instance the committee has agreed that Privilege Resolution 5 applies and recommends that the proposed response be incorporated in Hansard.

The committee reminds the Senate that in matters of this nature it does not judge the truth or otherwise of statements made by honourable senators or the persons referred to. Rather, it ensures that these persons' submissions, and ultimately the responses it recommends, accord with the criteria set out in Privilege Resolution 5.

I commend the motion to the Senate.