Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Home Affairs, Senator Cash. This morning the home affairs minister claimed he is not allowed to disclose information provided to him by the Australian Federal Police. But he also admitted to breaking that rule and providing information to the Prime Minister's office about Brittany Higgins's case on 12 February. Who in the Prime Minister's office received that official information, and at what time was it received?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

I thank the senator for the question. I understand that the Minister for Home Affairs has been asked this question in the House, but the information that, again, I have before me that I can provide you with is basically what I stated yesterday. AFP Commissioner Kershaw first advised Minister Dutton of Ms Higgins's allegations on Thursday 11 February 2021. This was the first time the minister had been advised of Ms Higgins's allegations. As I advised yesterday, he received further updates from Commissioner Kershaw during last week and this week. He was advised that his office was not aware of Ms Higgins's allegations prior to his briefing from Commissioner Kershaw on 11 February 2021, and, again, I think as I stated yesterday, as senators would know, the handling of allegations and investigation of criminal conduct, including briefing to ministers, is a matter for the AFP.

Further information that I can provide: the minister, as the minister responsible for the AFP, has stated that he regularly receives confidential briefings from the commissioner. He has a responsibility to protect the integrity of investigations and the information discussed in these briefings. He has stated that it was his judgement that he should not disclose the information provided to him, as this was an ongoing operational matter. I understand he has also advised that his chief of staff contacted the Prime Minister's office the next day, on 12 February, following the receipt of media inquiries. And that's the information that I have before me.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Walsh, a supplementary question?

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

At any time, was this minister aware of any estimates briefing being prepared in relation to the events of the night of 22-23 March 2019?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

I've referred to Mr Dutton's evidence that he has advised that his office was not aware of Ms Higgins's allegations prior to his briefing from Commissioner Kershaw on 11 February 2021 and also his evidence that the AFP, Commissioner Kershaw, first advised him of Ms Higgins's allegations on Thursday 11 February 2021, and, as such, that was the first time he was advised of Ms Higgins's allegations.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Walsh, a final supplementary question?

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

In October 2019 the minister left a message for Ms Higgins in which she said: 'Daniel has got everything under control, I promise you.' At that time, Senator Cash was the Minister representing the Minister for Home Affairs in the Senate. What did Daniel have under control?

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) Share this | Link to this | Hansard source

I actually responded to that question when Senator Watt asked it of me, and I would refer you back to that answer.