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Dyson Heydon again delays ruling on union commission amid tip-off claims Dyson Heydon again delays ruling on union commission amid tip-off claims
(about 1 hour later)
Dyson Heydon has again delayed his decision on his future at the helm of the trade union royal commission after unions complained about a reports of a previously undisclosed tip-off the night before he withdrew from a Liberal party event. Dyson Heydon has again delayed his decision on his future at the helm of the trade union royal commission and released details about a previously undisclosed tip-off the night before he withdrew from a Liberal party event.
The Australian Council of Trade Unions (ACTU) called on the commission to postpone the ruling – due on Friday – to enable the release of any further emails or other communications relevant to the push for Heydon to disqualify himself from the inquiry on the grounds of apprehended bias. The Australian Council of Trade Unions (ACTU) called on the commission to postpone the ruling – due on Friday – to enable it to consider any further emails or communications relevant to the push for Heydon to disqualify himself from the inquiry on the grounds of apprehended bias.
In response, the commission announced the decision would be postponed until at least Monday. In response, the commission announced the decision would be postponed until at least Monday “to give any party an opportunity to make any further submissions”.
The request follows a report in the Australian newspaper that suggested a New South Wales Bar Association officer, Chris Winslow, had emailed the counsel assisting the inquiry, Jeremy Stoljar, just after 7pm on 12 August to say: “Re the Barwick lecture: Does Dyson know this is connected to the Liberal party?” The commission also released further emails confirming a report in the Australian newspaper that a New South Wales Bar Association officer, Chris Winslow, had emailed the counsel assisting the inquiry, Jeremy Stoljar, about 7.30pm on 12 August. The email said: “Is Dyson Heydon aware that the Garfield Barwick Address, which he is due to deliver, is a Liberal party fundraiser?”
Winslow’s warning followed a phone call at 5.30pm the same day from lawyer Marcus Priest, who is a former journalist and former adviser to the shadow attorney general, Mark Dreyfus. Priest asked for a copy of the invitation to the Sir Garfield Barwick lecture and expressed surprise that Heydon had agreed to speak at it because of the Liberal connection, according to the report. Winslow’s warning reportedly followed a phone call at 5.30pm the same day from lawyer Marcus Priest, who is a former journalist and former adviser to the shadow attorney general, Mark Dreyfus. Priest asked for a copy of the invitation to the Sir Garfield Barwick lecture and expressed surprise that Heydon had agreed to speak at it because of the Liberal connection, according to the report.
The Australian said Stoljar replied almost immediately to Winslow with an email saying: “I’ll raise that with him.” Stoljar replied to Winslow with an email at 8.05pm saying: “I’ll raise that with him.”
The ACTU secretary, Dave Oliver, said the revelations raised concerns that the explanation in a commission media release issued the following day “might be misleading”. In a letter to the ACTU’s lawyers on Thursday, the commission confirmed Stoljar raised the issue with Heydon in a conversation about 9am the following day.
The release issued on 13 August at 11.22am said Heydon would not deliver the Sir Garfield Barwick address and suggested he had acted before receiving any questions from Fairfax Media, which broke the story about his planned attendance. A newly released note of the 13 August discussion indicates the concerns were relayed to Heydon but the commissioner was inclined to accept the advice of the event organiser, Greg Burton.
“Following conf – discussion JDH [Heydon] re Garfield Barwick address and my email from Chris Winslow saying it was a Liberal party fundraiser,” Stoljar wrote in his diary note.
“However JDH showed me an email from Greg Burton to him, also yesterday 12/8, saying it is not a fundraiser. JDH: Burton is closer to the action than Winslow – he ought to know. So OK to go ahead if JDH writes clarifying + response OK.”
The ACTU secretary, Dave Oliver, said the tip-off revelations raised concerns that the explanation in a commission media release issued at 11.22am the same day “might be misleading”.
That release said Heydon would not deliver the Sir Garfield Barwick address and suggested he had acted before receiving any questions from Fairfax Media, which broke the story about his planned attendance.
“As early as 9.23 this morning (and prior to any media enquiry being received) he advised the organisers that ‘If there was any possibility that the event could be described as a Liberal party event he will be unable to give the address, at least whilst he is in the position of royal commissioner,” the commission said at the time.“As early as 9.23 this morning (and prior to any media enquiry being received) he advised the organisers that ‘If there was any possibility that the event could be described as a Liberal party event he will be unable to give the address, at least whilst he is in the position of royal commissioner,” the commission said at the time.
Oliver seized on the new report, saying the union movement believed there had been “inadequate disclosure of relevant documents made by the commission as to this matter”.Oliver seized on the new report, saying the union movement believed there had been “inadequate disclosure of relevant documents made by the commission as to this matter”.
He said he was also concerned that on 17 August in the initial hearing of the ACTU’s application, Stoljar criticised the application as “grand-standing” when “in fact he knew the events described in this correspondence and today’s Australian article had not been disclosed to the ACTU or to the public”.He said he was also concerned that on 17 August in the initial hearing of the ACTU’s application, Stoljar criticised the application as “grand-standing” when “in fact he knew the events described in this correspondence and today’s Australian article had not been disclosed to the ACTU or to the public”.
The ACTU wrote to the royal commission into trade union governance and corruption requesting urgent provision of “any emails or other communications which are referred to, or relate to, today’s article”. The ACTU wrote to the royal commission into trade union governance and corruption on Thursday requesting urgent provision of “any emails or other communications which are referred to, or relate to, today’s article”.
It also sought “sufficient time” to examine the information once the material was received, and “a deferral of the handing down of the commissioner’s ruling which is due to occur at 10am tomorrow morning so that the ACTU can consider the implications”.It also sought “sufficient time” to examine the information once the material was received, and “a deferral of the handing down of the commissioner’s ruling which is due to occur at 10am tomorrow morning so that the ACTU can consider the implications”.
“The ACTU has always maintained that the royal commission is a political witch-hunt by Tony Abbott designed to weaken his political opponents,” Oliver said, renewing calls for the prime minister to shut down the commission.“The ACTU has always maintained that the royal commission is a political witch-hunt by Tony Abbott designed to weaken his political opponents,” Oliver said, renewing calls for the prime minister to shut down the commission.
James Beaton, the solicitor assisting the inquiry, wrote to the ACTU’s lawyers late on Thursday to confirm a further delay while also defending the handling of the matter.
Beaton said the commissioner was “under no legal obligation to produce any documents to your client or indeed, any of the other applicants” particularly in relation to documents that were not under his control.
Notwithstanding this, Beaton wrote, the commission was releasing the email exchange between Stoljar and Winslow along with an extract of Stoljar’s diary notes. Beaton emphasised that Winslow “did not communicate to Mr Stoljar that he had been contacted by a journalist or that he had a fear that a story about the matter might appear in the media”.
Beaton told the ACTU’s lawyers the commissioner “does not presently apprehend the relevance of the documents to the issues raised in the applications” but in response to the requests would defer the decision. He also set a deadline of 5pm Friday for further submissions in relation to the documents, with a expectation of a decision on Monday.
The Labor leader, Bill Shorten, who was questioned by the commission in July about his time at the Australian Workers’ Union, said the inquiry was “now in a shambolic and politicised state”.The Labor leader, Bill Shorten, who was questioned by the commission in July about his time at the Australian Workers’ Union, said the inquiry was “now in a shambolic and politicised state”.
“I think there are questions to answer here by the commissioner and indeed counsel assisting now who is embroiled in this matter,” Shorten said. “I think there are questions to answer here by the commissioner and indeed counsel assisting now who is embroiled in this matter,” Shorten said earlier on Thursday.
“Did Mr Stoljar tip off Mr Heydon? These are questions which the commission is going to have to answer. I think today’s report is quite a new and dramatic development.”“Did Mr Stoljar tip off Mr Heydon? These are questions which the commission is going to have to answer. I think today’s report is quite a new and dramatic development.”
Abbott refused to be drawn on Thursday whether he was canvassing a potential replacement for Heydon, but reaffirmed his determination to ensure the inquiry continued regardless of his recusal decision. Abbott refused to be drawn on Thursday on whether he was canvassing a potential replacement for Heydon, but reaffirmed his determination to ensure the inquiry continued regardless of his recusal decision.
“The royal commission will go on,” the prime minister said. “The important thing is that the royal commission will continue. We have seen an abundance of evidence of rorts, rackets and rip-offs inside the union movement.”“The royal commission will go on,” the prime minister said. “The important thing is that the royal commission will continue. We have seen an abundance of evidence of rorts, rackets and rip-offs inside the union movement.”
The fate of the royal commission into trade union governance and corruption hangs in the balance because of an outcry from Labor and unions after revelations Heydon initially accepted an invitation to be the keynote speaker at a Liberal party fundraiser. The fate of the royal commission hangs in the balance because of an outcry from Labor and unions after revelations Heydon initially accepted an invitation to be the keynote speaker at a Liberal party fundraiser.
He said last week that he had “overlooked” the Liberal party connection when he was contacted by the organiser in March 2015. He had also overlooked the fact his initial agreement in 2014 to speak at the event was conditional on the commission having completed its work, and had not read the attachments of a June 2015 email that contained an invitation and Liberal party donation information.He said last week that he had “overlooked” the Liberal party connection when he was contacted by the organiser in March 2015. He had also overlooked the fact his initial agreement in 2014 to speak at the event was conditional on the commission having completed its work, and had not read the attachments of a June 2015 email that contained an invitation and Liberal party donation information.
Heydon, a former high court judge, convened a hearing on Friday last week to hear applications from the ACTU, the AWU and the CFMEU. The union representatives argued the episode undermined his ability to be seen as impartial.Heydon, a former high court judge, convened a hearing on Friday last week to hear applications from the ACTU, the AWU and the CFMEU. The union representatives argued the episode undermined his ability to be seen as impartial.
Heydon had originally earmarked Tuesday to deliver his ruling but this was postponed because he was, the commission said, “taking the time required to consider his decision”.Heydon had originally earmarked Tuesday to deliver his ruling but this was postponed because he was, the commission said, “taking the time required to consider his decision”.
The commission has been working to a December 2015 deadline for a final report to the government.The commission has been working to a December 2015 deadline for a final report to the government.