3rd Apr 2019, 11:56 AM – Senate Motions - Education, Employment and Workplace Relations Legislation Committee - Explanation needed

The majority voted in favour of a motion introduced by Tasmanian Senator Anne Urquhart (Labor), which means it succeeded. Motions like these don't make any legal changes on their own but are politically influential since they represent the will of the Senate.

Motion text

That the Senate—

(a) notes that:

(i) on 24 October 2017, an unauthorised leak to the media occurred concerning an upcoming raid by the Australian Federal Police and Registered Organisations Commission on the offices of the Australian Workers Union,

(ii) the then Minister for Employment, Senator Cash, appeared before the Education and Employment Legislation Committee at the 2017-18 supplementary Budget estimates hearing on 25 October 2017, and misled the Senate five times regarding her office's involvement in the leak, and has since refused to correct the record,

(iii) Senator Cash has since relied on this evidence, including by providing it in a letter to the Australian Federal Police,

(iv) since giving evidence:

(A) former personal staff of Senator Cash have made admissions in court, under oath, about their role in leaking confidential information concerning the raid,

(B) the Australian Federal Police gave evidence at the 2018-19 additional estimates that Senator Cash sent them a letter in relation to their investigation into the leak which they would not classify as a witness statement, that she refused to provide a witness statement despite at least two requests to do so, and that there was a prima facie case to support a conviction for a criminal offence in relation to the leak, beyond reasonable doubt, and

(C) the Commonwealth Director of Public Prosecutions gave evidence at the 2018-19 additional estimates that there was a prima facie case to support a conviction for a criminal offence, it was in the public interest to prosecute an offence in relation to the leak, it did not pursue a prosecution because there were not reasonable prospects of a conviction, the failure of certain witnesses to provide witness statements was a factor in it deciding there were not reasonable prospects of a conviction, and Senator Cash did not provide a witness statement to the Australian Federal Police, and

(v) notes that paragraph 1.3 (iv) of the Ministerial Standards states "Ministers must accept the full implications of the principle of ministerial responsibility. They will be required to answer for the consequences of their decisions and actions"; and

(b) requires Senator Cash to attend the 2019-20 Budget estimates hearings of the Education and Employment Legislation Committee on Friday, 5 April 2019, in order to answer questions relating to her in relation to her former portfolio responsibilities and provide a full and frank explanation to the Senate regarding the inconsistencies between her original evidence to the committee, and:

(i) new evidence provided by former members of her staff in court, under oath, in relation to her office's involvement, and

(ii) subsequent evidence given by the Australian Federal Police and the Commonwealth Director of Public Prosecutions at the 2018-19 additional estimates.