Forty Year Ombudsman Tradition Trashed by Turnbull

Yesterday’s announcement that the vacant role of Commonwealth Ombudsman would be filled by the Deputy Secretary of the Department of Immigration and Border Protection (DIBP), Michael Manthorpe, brings to an end a forty year bipartisan tradition of appointments not being directly made from the ranks of frontline departmental management.

While the post was reportedly offered to several departmental heads in the early years of the Hawke Government, every previous appointee since the establishment of the Office in 1977 has held a post in academia, consumer advocacy, legal or judicial administration, or oversight and complaints handling immediately prior to appointment. Continue reading “Forty Year Ombudsman Tradition Trashed by Turnbull”

ABC Presenter Featured Speaker at $85 a Head ALP Branch Dinner

Prominent ABC current affairs presenter and editor, Stan Grant, is the featured speaker at an $85 a head dinner scheduled for April, co-hosted by a branch of the NSW ALP, to honour former Labor leader, H V Evatt.

The speaking engagement has the potential to ignite controversy akin to that caused by former Trade Union Royal Commissioner Dyson Heydon agreeing to deliver a lecture for a Liberal Party event in 2015 to honour Evatt’s contemporary and rival, Sir Garfield Barwick. In the face of widespread criticism, Heydon eventually withdrew from the Lecture, and later ruled against an application that he stand down from the Royal Commission. Continue reading “ABC Presenter Featured Speaker at $85 a Head ALP Branch Dinner”

Consequences of Disqualification as a Senator on Votes and Payments

[Updated on 6 April 2017, to address the High Court findings in Re Day [No. 2] (2017) as well as other changes in circumstances since the original post].

With the High Court finding that Rod Culleton and Bob Day were each ineligible to contest the 2016 Senate Election, and thus ineligible to be elected and sit in the Senate during the 45th Parliament, and with Day disqualified from sitting as a Senator for several months in the previous Parliament, a number of questions arise as to the consequences of this decisions for their votes while sitting in the Senate, and the recovery of any payments made to them. Continue reading “Consequences of Disqualification as a Senator on Votes and Payments”

Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background

At the heart of the High Court challenge to Bob Day’s qualification to contest the Double Dissolution election of 2016 lies the case of Senator James Webster in 1975. Contentious at the time in the midst of wider political controversy, and thought potentially capable of opening up to scrutiny all manner of contractual arrangements, including residential leases, held between MPs and the Commonwealth, the relevant clause was narrowly interpreted by a single judge of the High Court and benefit of the legal doubt given to the Senator.

Since then, it has been the subject of criticism, and may well be overturned in the course of current proceedings. In its submissions in the current case, the Commonwealth has argued that, while Bob Day would fall foul even if the case were applied, Re Webster was too narrowly decided. Herewith the background to the original case, and its aftermath. Continue reading “Re Webster: Members of Parliament, Pecuniary Interests and Disqualification – A Background”

The Time Philip Ruddock Opposed Double Dipping by Retired MPs

Revelations that fomer Minister and Member of Parliament, Philip Ruddock, has continued to receive his full parliamentary retirement benefits whilst in receipt of payment for his role as the Government’s Special Envoy on Human Rights are at odds with a stance he took early in his parliamentary career.

In Senate Estimates for the Department of Foreign Affairs and Trade yesterday, the Department indicated that Mr Ruddock’s parliamentary pension had not been reduced, as a result of legal advice on the status of his role as a “Special Envoy”. The DFAT officer to which the role reports,  Dr Lachlan Strahan, First Assistant Secretary, Multilateral Policy Division, told the Estimates session that Ruddock had obtained the legal advice on his own initiative. Continue reading “The Time Philip Ruddock Opposed Double Dipping by Retired MPs”

“Some Time” Before Decision on Secret Lionel Murphy Records

After a thirty year wait, historians, lawyers, journalists and the general public will have to wait “some time” more before knowing whether they can have access to allegations put before a Parliamentary Commission of Inquiry in 1986 into the conduct of former High Court justice, Lionel Murphy.

By the time it was wound up in September 1986, the Inquiry had distinguished at least fourteen separate allegations against Murphy.

With only the President of the Senate and the Speaker of the House of Representatives permitted to have access to this material until now, they have authorised the Clerks of their respective chambers to see the material so they can provide advice.

The conditions imposed by statute in 1986 mean that even the Clerks have to wait until the 30 year secrecy provisions expire on Sunday before getting access. Continue reading ““Some Time” Before Decision on Secret Lionel Murphy Records”

1999 Referendum Campaign: How Was the Yes/No Case Money Spent?

There are reports that the Government will allocate $7.5 million to each of the “yes” and “no” cases in a plebiscite on same-sex marriage, should such a proposal come to pass. This matches in dollar terms the amounts allocated to the respective cases in the 1999 referendum on a republic, but to replicate the value of the 1999 campaign funds in 2016 terms would require $11.9 million for each side. Or put another way, the amount is equivalent to giving the respective cases $4.73 million each in 1999. Continue reading “1999 Referendum Campaign: How Was the Yes/No Case Money Spent?”

New Rules Net Liberal Party Extra $49,000 For Software Subsidy

After a cap was removed on a controversial public subsidy of the major political parties, 72 Coalition MPs claimed an additional $48,935 in the first half of 2015-16 over and above what could be claimed in previous years.

This was paid to the Liberal owned entity, Parakeelia Pty Ltd, the subject of recent controversy over its practice of funding the Liberal Party by way of public subsidy for electoral management software it developed and owns. Continue reading “New Rules Net Liberal Party Extra $49,000 For Software Subsidy”

Search and Seizure and Parliamentary Privilege

The Parliamentary Privilege questions enlivened by the series of raids on Senator Stephen Conroy’s office, the home of an adviser and the server maintained by the Department of Parliamentary Services, arising from the Australian Federal Police’s investigation into the leak of NBN documents brings to a head a series of questions raised across a number of legislatures in Australia, the UK and the US in the past twenty years.

On the matter being raised in the Senate yesterday, a background paper from the Clerk of the Senate, Dr Rosemary Laing was tabled. It indicates that she is not satisfied with the processes used by the Senate until now to deal with disputes over privilege between Senators and law enforcement. Continue reading “Search and Seizure and Parliamentary Privilege”