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Federal court hears AWU challenge to AFP raids – politics live Federal court hears AWU challenge to AFP raids – politics live
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PM Malcolm Turnbull as labor attempts a suspension of standing orders #qt @AmyRemeikis @GuardianAus #politicslive pic.twitter.com/v8k5g2jOQZ
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Nick Xenophon says the leak to the media “cast a shadow over the whole process” and needs to be investigated.
Meanwhile, in Brisbane, the ABC offices are being raided with police apparently looking for state cabinet documents in relation to LNP government cuts to the environmental department.
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Back in the community affairs estimates hearing, and it looks as though the government’s proposed drug testing trial will be delayed. The department says no contract has gone out to tender as yet, and doesn’t seem overly confident it would begin on January 1 as the government had wanted (that’s when it wants it reforms to kick in). Still no idea of the cost though
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Labor have joined Nick Xenophon’s call into an inquiry into how the media found out about the raids on the AWU offices. Here is what Brendan O’Connor had to say in a statement:
Labor backs Senator Nick Xenophon’s call for an independent inquiry to establish who tipped off the media prior to the AFP raids on the Australian Workers Union (AWU). Turnbull and the minister have failed to answer simple yet serious questions about who tipped off the media before the raids actually occurred. If Turnbull and his Liberals have nothing to hide, then they must support this inquiry. Turnbull and his Liberals need to immediately answer what they knew, when they knew it and who they told. On the same day parliament was told that Turnbull’s cuts to the AFP have meant serious crimes like drug smuggling could not be properly investigated, we saw more than 25 AFP officers used to execute these extraordinary raids. Turnbull and his Liberals will stop at nothing to attack workers and their representatives. Australians will see this for the desperate tactic that it is.
*end statement*
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No documents to be handed over until at least Friday
Maurice Blackburn principal Josh Bornstein has just left the federal court. He confirms that the AFP will not hand over any documents that it seized and the regulator will not accept any seized documents until the court hears the case. That probably won’t be for a few days.
The union is very pleased at the moment that we at least got to this point, but the case, is going to go back for a hearing on Friday, where we expect a further set of direction, leading up to a full hearing of the case. We continue to believe that this warrant and the use of 32 federal police was a disgraceful overreach. We are talking here about an argument about paperwork. We don’t see 32 federal police with a tip off to the media with major criminal matters, let alone a debate over the internal paperwork of unions. Unions are labouring under some of the most oppressive legislation in the OECD at the moment, they are under constant and relentless attack and the media stunt that was pulled yesterday is another dimension in the ongoing attack that is designed to de-legitimise and paint the trade union in the worst possible light.
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I wanted a little bit of space in between the mess of question time and the condolences that both Malcolm Turnbull and Bill Shorten offered Linda Burney and her family ahead of the official opening of questions.I wanted a little bit of space in between the mess of question time and the condolences that both Malcolm Turnbull and Bill Shorten offered Linda Burney and her family ahead of the official opening of questions.
The prime minister: This morning, I spoke with the member for Barton and expressed Lucy and my deep sadness on the loss of her son at their home last night. As parents,our worst dread is the loss of a child. Linda’s loss is unspeakably sad. She’s not with us today, she has leave. But we are with her, we are all with her in love and in heartfelt sympathy. She is cast deep in grief but she does not grieve alone. She is a strong woman. Stronger because of the love that all of us, the sympathy that all of us, the friendship that all of us share with her at this tragic time for her and for her family. The prime minister:
The leader of the opposition: As honourable members are aware, the Member for Barton has taken leave from this Parliament, following the tragic death of her 33 year old son, Binni. As she said in her touching and sad statement this morning, she: “returned to Sydney last night to be with him this one last time.” On behalf of Chloe and I, and on behalf of the whole Labor Family, I want to offer our deepest condolences to Linda and her family. This morning, I spoke with the member for Barton and expressed Lucy and my deep sadness on the loss of her son at their home last night. As parents, our worst dread is the loss of a child. Linda’s loss is unspeakably sad. She’s not with us today, she has leave. But we are with her, we are all with her in love and in heartfelt sympathy. She is cast deep in grief but she does not grieve alone. She is a strong woman. Stronger because of the love that all of us, the sympathy that all of us, the friendship that all of us share with her at this tragic time for her and for her family.
The leader of the opposition:
As honourable members are aware, the member for Barton has taken leave from this parliament following the tragic death of her 33-year-old son Binni. As she said in her touching and sad statement this morning, she “returned to Sydney last night to be with him this one last time.” On behalf of Chloe and I, and on behalf of the whole Labor family, I want to offer our deepest condolences to Linda and her family.
This is just so sad. As Jenny Macklin and I were speaking to her last night, the grief, the grief is terrible. Losing a child is every parent’s nightmare. It is, as Shakespeare once said, a grief that ‘fills up the room’. We know how much Linda loved her son – and we know how much her son loved Linda. In this time of deep sadness, can I please request that the media respect her family’s privacy, and I know that they will. And – I should add – that the family have asked that instead of flowers, if people are so inclined could they please contribute to Central Coast Drug Alcohol Rehabilitation Centre. All of us send our love and our solidarity to our friend and colleague and her family at this time.This is just so sad. As Jenny Macklin and I were speaking to her last night, the grief, the grief is terrible. Losing a child is every parent’s nightmare. It is, as Shakespeare once said, a grief that ‘fills up the room’. We know how much Linda loved her son – and we know how much her son loved Linda. In this time of deep sadness, can I please request that the media respect her family’s privacy, and I know that they will. And – I should add – that the family have asked that instead of flowers, if people are so inclined could they please contribute to Central Coast Drug Alcohol Rehabilitation Centre. All of us send our love and our solidarity to our friend and colleague and her family at this time.
There was, as you could imagine, a lot of emotion in the house. There was, as you could imagine, a lot of emotion in the House.
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Bit more from Mr BowersBit more from Mr Bowers
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Question time officially ends.Question time officially ends.
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Update on the federal court hearingUpdate on the federal court hearing
Fed Court told ROC agrees not to receive seized union documents from AFP raid until next court hearing, possibly Friday @abcnewsMelbFed Court told ROC agrees not to receive seized union documents from AFP raid until next court hearing, possibly Friday @abcnewsMelb
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At least the latest gag motion gives me a chance to show you some of Mike Bowers’ great workAt least the latest gag motion gives me a chance to show you some of Mike Bowers’ great work
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Paul KarpPaul Karp
Justice Susan Kenny is due to hear the AWU’s challenge of the AFP raids in the federal court at 3pm.Justice Susan Kenny is due to hear the AWU’s challenge of the AFP raids in the federal court at 3pm.
The originating application states the AWU is seeking a declaration the search warrant for Tuesday’s raid is invalid and an order quashing the Registered Organisations Commission investigation.The originating application states the AWU is seeking a declaration the search warrant for Tuesday’s raid is invalid and an order quashing the Registered Organisations Commission investigation.
The AWU has asked for an interlocutory injunction to prevent the AFP giving the ROC the information they took in the raids, and that is the aspect of the case we expect will be heard and decided this afternoon.The AWU has asked for an interlocutory injunction to prevent the AFP giving the ROC the information they took in the raids, and that is the aspect of the case we expect will be heard and decided this afternoon.
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Tony Burke is calling for a suspension of standing orders to move this motion:Tony Burke is calling for a suspension of standing orders to move this motion:
That the House notes, one: yesterday it was revealed the Australian Federal Police did not have the resources to investigate the importation of 1.6 tonnes of cocaine; two: on the very same day, the prime minister’s Registered Organisations Commission sent at least 25 of the officers – 25 AFP officers to look at a 10-year-old donation to GetUp. Three: in doing so, this government diverted police resources needed to fight drug syndicates to protect his own political interests. For this is just the latest example of this prime minister’s willingness to abuse his power and debase the office of prime minister. And, therefore: condemns this born-to-rule prime minister for his grubby attacks and blatant abuses of power designed to protect his own political interests instead of protecting Australians.That the House notes, one: yesterday it was revealed the Australian Federal Police did not have the resources to investigate the importation of 1.6 tonnes of cocaine; two: on the very same day, the prime minister’s Registered Organisations Commission sent at least 25 of the officers – 25 AFP officers to look at a 10-year-old donation to GetUp. Three: in doing so, this government diverted police resources needed to fight drug syndicates to protect his own political interests. For this is just the latest example of this prime minister’s willingness to abuse his power and debase the office of prime minister. And, therefore: condemns this born-to-rule prime minister for his grubby attacks and blatant abuses of power designed to protect his own political interests instead of protecting Australians.
The government seeks to gag him and the House divides.The government seeks to gag him and the House divides.
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Greg Hunt gets a dixer on energy from Wide Bay MP Llew O’Brien, whom he calls “a policeman’s policeman”.Greg Hunt gets a dixer on energy from Wide Bay MP Llew O’Brien, whom he calls “a policeman’s policeman”.
Bill Shorten:Bill Shorten:
My question is to the prime minister. Why hasn’t the prime minister asked government agencies to undertake any investigations into Australians caught up in the Panama Papers scandal? Why does the prime minister continue to protect the banks from a royal commission despite reports that the Commonwealth Bank allowed money to be laundered by terrorists? Why won’t this or the rule power to do something about misconduct at the top end of town, and stop abusing his power to attack people and organisations who highlight his failings?My question is to the prime minister. Why hasn’t the prime minister asked government agencies to undertake any investigations into Australians caught up in the Panama Papers scandal? Why does the prime minister continue to protect the banks from a royal commission despite reports that the Commonwealth Bank allowed money to be laundered by terrorists? Why won’t this or the rule power to do something about misconduct at the top end of town, and stop abusing his power to attack people and organisations who highlight his failings?
Malcolm Turnbull:Malcolm Turnbull:
I am so glad, Mr Speaker, that Melbourne’s greatest sycophant has raised the top end of town. One enterprise bargain after another, sold out. Sold out to big business. One deal after another. One set of penalty rates after another. One sweetheart deal after another. And all the time, as he postured as the great friend, the great friend of big business, here he was, Mr Speaker. We know how much time he has spent there sucking up to Dick Pratt and all the other billionaires. Oh, yes. Oh, yes. There is nothing more sycophantic than a Labor politician in the presence of a billionaire. Believe me, I’ve seen quite a few of both. And I know these are the great sucker-uppers of all time.I am so glad, Mr Speaker, that Melbourne’s greatest sycophant has raised the top end of town. One enterprise bargain after another, sold out. Sold out to big business. One deal after another. One set of penalty rates after another. One sweetheart deal after another. And all the time, as he postured as the great friend, the great friend of big business, here he was, Mr Speaker. We know how much time he has spent there sucking up to Dick Pratt and all the other billionaires. Oh, yes. Oh, yes. There is nothing more sycophantic than a Labor politician in the presence of a billionaire. Believe me, I’ve seen quite a few of both. And I know these are the great sucker-uppers of all time.
And he talks about business, Mr Speaker. What was the party, what was the party? Let me remember, the party that voted against our bill to tackle multinational tax avoidance. It was the Labor party. That’s right, Mr Speaker. That’s how committed they were, Mr Speaker. The grovelling, the compromises, the special deals. We have seen them all. Their members have seen them all. But nothing takes the cake quite so much, quite so much, as paying members’ money to GetUp, which after all, wants to put the AWU members out of work.And he talks about business, Mr Speaker. What was the party, what was the party? Let me remember, the party that voted against our bill to tackle multinational tax avoidance. It was the Labor party. That’s right, Mr Speaker. That’s how committed they were, Mr Speaker. The grovelling, the compromises, the special deals. We have seen them all. Their members have seen them all. But nothing takes the cake quite so much, quite so much, as paying members’ money to GetUp, which after all, wants to put the AWU members out of work.
We move on to Peter Dutton letting us know just how protected and safe our borders and communities are. Again. We are very safe. And very protected.We move on to Peter Dutton letting us know just how protected and safe our borders and communities are. Again. We are very safe. And very protected.
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There is another dixer to Josh Frydenberg, who starts quoting figures on how much families have saved by taking the government’s advice and shopping around for their power provider.There is another dixer to Josh Frydenberg, who starts quoting figures on how much families have saved by taking the government’s advice and shopping around for their power provider.
Back to the opposition questions, for the prime minister.Back to the opposition questions, for the prime minister.
Tony Burke:Tony Burke:
Can he confirm that his government has sent in the AFP to break into parliamentary offices during a [election] campaign due to the failings of his second NBN being exposed, referred people [from Queensland Labor] over upsetting text messages, and sent the AFP to investigate a 10-year-old donation to GetUp. Why is he diverting money towards projects of political interest to a born to rule prime minister?Can he confirm that his government has sent in the AFP to break into parliamentary offices during a [election] campaign due to the failings of his second NBN being exposed, referred people [from Queensland Labor] over upsetting text messages, and sent the AFP to investigate a 10-year-old donation to GetUp. Why is he diverting money towards projects of political interest to a born to rule prime minister?
Christopher Pyne makes a point of order on what he says are inaccuracies. Tony Smith says if that is the case there are three minutes for the prime minister to correct them.Christopher Pyne makes a point of order on what he says are inaccuracies. Tony Smith says if that is the case there are three minutes for the prime minister to correct them.
Malcolm Turnbull:Malcolm Turnbull:
It was bad enough to see John Setka attacking the integrity of the AFP. Bad enough to see that. The way in which he flaunted his and his union’s defiance of the law, and then it was even worse, when we saw the member for Gorton echoing that this respect, that contempt for the law last night – that disrespect. But now we see the member for Watson standing up here in the parliament and stating what he knows to be utterly untrue, alleging that the federal police does the political bidding of the government. That is a shocking allegation against the federal police. It is a shocking allegation against the government. Above all, above all, it’s impugns the integrity and the professionalism of the men and women of the federal police who work so hard to keep us safe. Labor should be ashamed of themselves.It was bad enough to see John Setka attacking the integrity of the AFP. Bad enough to see that. The way in which he flaunted his and his union’s defiance of the law, and then it was even worse, when we saw the member for Gorton echoing that this respect, that contempt for the law last night – that disrespect. But now we see the member for Watson standing up here in the parliament and stating what he knows to be utterly untrue, alleging that the federal police does the political bidding of the government. That is a shocking allegation against the federal police. It is a shocking allegation against the government. Above all, above all, it’s impugns the integrity and the professionalism of the men and women of the federal police who work so hard to keep us safe. Labor should be ashamed of themselves.
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Brendan O’Connor: “Can the prime minister confirm that the prime minister went to a double dissolution election to establish is registered organisation commission. The commission was hand-picked by the employment minister, and [whether] the commission is looking into a 10-year-old donation to GetUp is because their employment minister told them to do so?”Brendan O’Connor: “Can the prime minister confirm that the prime minister went to a double dissolution election to establish is registered organisation commission. The commission was hand-picked by the employment minister, and [whether] the commission is looking into a 10-year-old donation to GetUp is because their employment minister told them to do so?”
Malcolm Turnbull: (with papers in hand)Malcolm Turnbull: (with papers in hand)
What we know about this matter is that we, the registered organisation commission, received information which they say raise reasonable grounds for suspecting that relevant documents were maybe being interfered with by being concealed or destroyed. Now, we know, we know that there have been examples of documents being concealed and – and – and that tends to destroy them with respect to other union investigations. This is a concern that is a fact. Now, Mr Speaker, what the honourable member is suggesting is that a regulatory agency designed to ensure that unionists, and members funds, not being dealt with unlawfully. And investigating that. And believing that relevant documents were at risk of being destroyed. But they should do nothing.What we know about this matter is that we, the registered organisation commission, received information which they say raise reasonable grounds for suspecting that relevant documents were maybe being interfered with by being concealed or destroyed. Now, we know, we know that there have been examples of documents being concealed and – and – and that tends to destroy them with respect to other union investigations. This is a concern that is a fact. Now, Mr Speaker, what the honourable member is suggesting is that a regulatory agency designed to ensure that unionists, and members funds, not being dealt with unlawfully. And investigating that. And believing that relevant documents were at risk of being destroyed. But they should do nothing.
How very convenient. How very convenient that would be for union officials who miss-use union members’ money. And Mr Speaker, when the member for Barton, when the member for Barton gave his extraordinary interview yesterday, he said (he is corrected for naming the wrong member), the member for Gorton, Mr Speaker. When he gave that, when he gave that extraordinary interview yesterday, in which he made claims that, substantially, the claims on the AFP, oh, he did ... he said that the government uses the police for police purposes, and that is precisely what the member for Gorton said yesterday.How very convenient. How very convenient that would be for union officials who miss-use union members’ money. And Mr Speaker, when the member for Barton, when the member for Barton gave his extraordinary interview yesterday, he said (he is corrected for naming the wrong member), the member for Gorton, Mr Speaker. When he gave that, when he gave that extraordinary interview yesterday, in which he made claims that, substantially, the claims on the AFP, oh, he did ... he said that the government uses the police for police purposes, and that is precisely what the member for Gorton said yesterday.
What he also did was to follow the same line as the member for Sydney, which said, let me just say this, ‘I do know of allegations made against the AWU 10 years ago. None of the allegations, were they true, warrant this sort of conduct’. Is he seriously suggesting that if a regulator charged under law to investigate wrongdoing believes that evidence is about to be destroyed, that they should do nothing? That would be very convenient for those who misuse union member’s money ... misuse ... union members.What he also did was to follow the same line as the member for Sydney, which said, let me just say this, ‘I do know of allegations made against the AWU 10 years ago. None of the allegations, were they true, warrant this sort of conduct’. Is he seriously suggesting that if a regulator charged under law to investigate wrongdoing believes that evidence is about to be destroyed, that they should do nothing? That would be very convenient for those who misuse union member’s money ... misuse ... union members.
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Queensland Michelle Landry asks the next dixer to Barnaby Joyce, who nods along with it. It’s on “affordable and reliable” energy policies and any alternative approaches. As she sits down, the microphone picks up someone saying “great member, great member”.Queensland Michelle Landry asks the next dixer to Barnaby Joyce, who nods along with it. It’s on “affordable and reliable” energy policies and any alternative approaches. As she sits down, the microphone picks up someone saying “great member, great member”.
Tony Burke asks about the relevance to the member’s portfolio.Tony Burke asks about the relevance to the member’s portfolio.
Tony Smith hears it again. He says it is “very line ball”, adding “I will rule it in order on the basis that it talked about businesses and the deputy prime minister is responsible, certainly, for agricultural businesses. But I do question, I do say the member, I do say to the member that it is very important questions relate to ministerial responsibility.”Tony Smith hears it again. He says it is “very line ball”, adding “I will rule it in order on the basis that it talked about businesses and the deputy prime minister is responsible, certainly, for agricultural businesses. But I do question, I do say the member, I do say to the member that it is very important questions relate to ministerial responsibility.”
Barnaby Joyce gives a very Barnaby Joyce answer.Barnaby Joyce gives a very Barnaby Joyce answer.
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Tony Burke: “In his previous answer the prime minister said that Senator Cash had assured him that she did not advise the press gallery of the raids. Did Senator Cash assure the prime minister that her office did not advise the press gallery of the raids?”Tony Burke: “In his previous answer the prime minister said that Senator Cash had assured him that she did not advise the press gallery of the raids. Did Senator Cash assure the prime minister that her office did not advise the press gallery of the raids?”
Malcolm Turnbull: “The honourable member can attempt to cross-examine Senator Cash by proxy here in the House. He should make sure that his friends in the Senate can address all the questions to first hand.”Malcolm Turnbull: “The honourable member can attempt to cross-examine Senator Cash by proxy here in the House. He should make sure that his friends in the Senate can address all the questions to first hand.”
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