Senate debates

Tuesday, 16 March 2021

Questions without Notice

Attorney-General

2:57 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Birmingham. I refer to reports that key components of the job of the Attorney-General, Christian Porter, will be delegated to others upon his return from leave on 31 March. Are the reports correct? What responsibilities will be delegated? Why are these regarded as areas in which Mr Porter will face a conflict of interest? And who will be assisting Mr Porter?

2:58 pm

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

I thank the senator for her question. As the Attorney-General announced yesterday, he is exercising the same rights as any other Australian when they believe they have been defamed to initiate legal proceedings against certain organisations and individuals. To ensure appropriate handling whilst the Attorney-General initiates such proceedings, the government has sought legal advice in relation to any issues that may arise as a result of the Attorney-General filing such proceedings.

As an interim measure until that advice is received, the Attorney-General's office will have no engagement with the Federal Court, which I understand would be expected to hear the proceedings, or involvement with matters involving the Federal Court or the Australian Broadcasting Corporation. The Attorney-General's Department has similarly been told not to engage with the Attorney-General or the Attorney-General's office in respect of matters involving the Federal Court or the Australian Broadcasting Corporation.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Gallagher, a supplementary question?

2:59 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

The next meeting of the attorneys-general will be on 31 March, the day Mr Porter returns from leave, at which it will discuss two of its priorities: 'family violence—national information sharing framework' and 'model defamation reform'. Will Mr Porter attend the meeting, and, if so, how will he manage his clear conflict of interest on two of the meeting's three identified priorities?

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

I'm not aware of what Mr Porter's commitments will be on 31 March and I'll take that on notice.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Gallagher, a final supplementary question?

3:00 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

It's reported that the Attorney-General's portfolio will be restructured to ensure Mr Porter is able to return to the role while he pursues defamation action. How long will a junior Attorney-General be required to assist Mr Porter to remain in cabinet while questions remain over whether he is a fit and proper person to resume full responsibility?

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

As I said in relation to the primary question, the Attorney-General is exercising the same rights as any Australian in relation to initiating defamation proceedings in the belief that he has been defamed. Out of an abundance of caution, the government has sought legal advice in relation to the Attorney-General's work. As an interim measure, until that advice has been received, the steps that I outlined in relation to the primary question will be undertaken. Once that advice is received, if there's any further information to add I'll make sure that it's brought to the chamber.

Mr President, I ask that further questions be placed on notice.