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AWU lodges freedom of information request over leak of raid – politics live AWU lodges freedom of information request over leak of raid – politics live
(35 minutes later)
4.08am BST
04:08
Malcolm Turnbull:
What I can confirm is that Senator Cash defends the interests of trade union members in a way the leader of the opposition never did. She defends them. She defends them. Mr Speaker, Mr Speaker. Let’s look at this bastion of advocacy for the members of the AWU ... He said, Mr Speaker – this is the leader of the opposition – it’s perfectly consistent with the tradition of the trade union movement to have services provided by unions, paid for by employers. Well, regrettably, it is, Mr Speaker, and one of the services provided by unions to employers is trading away their penalty rates. That’s what they get paid for, MrSpeaker. Example after example.Hundreds of thousands of dollars,over $1 million....Paid to the AWU by employers when the Leader of the Opposition was the secretary, and, Mr Speaker... That really worked out well for the members, didn’t it? One payment after another was found by the Royal Commission to have no benefit for members, and indeed to compromise the interests of the members, because it compromised the ability of the union to represent them. Now, what we have done is passed legislation to prevent those corrupt payments being made, to prevent secret payments being made,and the Labor Party...They said there was nothing worse than allowing members to know when the employer was actually paying money to their union. And, if the fact is... Mr Speaker, the fact is what Senator Cash has done is she has ensured that the standards of integrity, impartiality are applied to the union movement. That’s what she has done, and in a way that the Leader of the Opposition never did,trading away penalty rates, taking money from employers. Mr Speaker,that was the pattern, and that is coming to an end because of legislation we passed and they opposed.
The gee up before question time must have worked– the back bench is doing its very best to look engaged and peppy.
Updated
at 4.09am BST
4.03am BST
04:03
Question time begins
Bill Shorten is straight into the Michaelia Cash issue.
“My question is to the prime minister. Can he confirm the following events? By midday yesterday, Senator Cash told the Senate five times her office was not aware of imminent police raids before they began, but at 6:10pm, Alice Workman of Buzzfeed reported journalists had received the leak from Senator Cash’s office and, at 7:30 pm, realising the truth had been exposed, Senator Cash finally admitted she had misled the Senate.
The Prime Minister has the call.
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at 4.04am BST
3.59am BST
03:59
I see there are a few questions about the number of AFP officers involved in the raids, with the AFP commissioner saying there were 13, in total, while yesterday we were told there were 32.
The best answer I can give you is there were a lot of people in the offices, from different agencies, potentially including other police, who were not attached to the AFP.
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at 4.03am BST
3.42am BST
03:42
Prime minister gathers troops for pre-question time briefing
Once again, the prime minister has taken the unusual step of calling a pre-question time briefing.
For those MPs who are yet to check their email, here you go:
Members, including ministers, should attend the Members’ Annex at 1:55 today for a pre-Question Time briefing with the Prime Minister.
Thank you for your cooperation.
Regards
Nola (chief whip)
Once again, you are welcome
Updated
at 3.45am BST
3.21am BST3.21am BST
03:2103:21
Craig Laundy is on Sky for his regular chat.Craig Laundy is on Sky for his regular chat.
And it has to be said that he is not looking as chipper as he usually does. He is asked if he honestly believes that Michaelia Cash did nothing wrong and answers with a simple:And it has to be said that he is not looking as chipper as he usually does. He is asked if he honestly believes that Michaelia Cash did nothing wrong and answers with a simple:
“Yes”“Yes”
3.12am BST3.12am BST
03:1203:12
AFP responds to claims of political interferenceAFP responds to claims of political interference
The Australian federal police commissioner, Andrew Colvin, has released a statement:The Australian federal police commissioner, Andrew Colvin, has released a statement:
Thursday, 26 October 2017, Publish time:1:01pmThursday, 26 October 2017, Publish time:1:01pm
The AFP has this week been the subject of commentary and innuendo regarding its independence and the ability of AFP members to carry out their work objectively and without political interference. The AFP requires the ongoing assistance and support of the public to serve the community in which we all live, and undertakes its activities without fear or favour. The AFP rejects in the strongest terms any suggestion to the contrary. The AFP makes all its operational decisions independently, based on experience, operational priorities and the law.The AFP has this week been the subject of commentary and innuendo regarding its independence and the ability of AFP members to carry out their work objectively and without political interference. The AFP requires the ongoing assistance and support of the public to serve the community in which we all live, and undertakes its activities without fear or favour. The AFP rejects in the strongest terms any suggestion to the contrary. The AFP makes all its operational decisions independently, based on experience, operational priorities and the law.
The AFP’s primary obligations are to ensure the safety and security of the Australian community and enforce the rule of law. The AFP prides itself on its independence and integrity, and has a proven track record of these values while operating under the remit of eight individual prime ministers and their governments since it was founded in 1979.The AFP’s primary obligations are to ensure the safety and security of the Australian community and enforce the rule of law. The AFP prides itself on its independence and integrity, and has a proven track record of these values while operating under the remit of eight individual prime ministers and their governments since it was founded in 1979.
Much of this week’s commentary has been prompted by search warrants executed in Sydney and Melbourne on Tuesday, 24 October 2017. The AFP has obligations to assist a wide range of other commonwealth agencies in their activities, including the Registered Organisations Commission. The AFP had no operational reason to decline to execute a search warrant that was authorised by a magistrate.Much of this week’s commentary has been prompted by search warrants executed in Sydney and Melbourne on Tuesday, 24 October 2017. The AFP has obligations to assist a wide range of other commonwealth agencies in their activities, including the Registered Organisations Commission. The AFP had no operational reason to decline to execute a search warrant that was authorised by a magistrate.
Some of the reporting concerning this activity has inflated the number of AFP members involved. In executing these search warrants on Tuesday, 24 October 2017, the AFP deployed a total of 13 members across both cities – eight members in Melbourne and five in Sydney. Suggestions that more AFP members were involved are incorrect.Some of the reporting concerning this activity has inflated the number of AFP members involved. In executing these search warrants on Tuesday, 24 October 2017, the AFP deployed a total of 13 members across both cities – eight members in Melbourne and five in Sydney. Suggestions that more AFP members were involved are incorrect.
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at 3.16am BSTat 3.16am BST
3.11am BST3.11am BST
03:1103:11
An hour or so out from question time and two of the people we have not heard from are Malcolm Turnbull and Bill Shorten.An hour or so out from question time and two of the people we have not heard from are Malcolm Turnbull and Bill Shorten.
It’s not unusual for leaders to allow their praetorian guards out to lead attacks for them in these sorts of situation. Labor has been largely content for the committee hearing to speak for itself.It’s not unusual for leaders to allow their praetorian guards out to lead attacks for them in these sorts of situation. Labor has been largely content for the committee hearing to speak for itself.
The government is attempting to limit fire until question time.The government is attempting to limit fire until question time.
Core competence of the minister will be the basis of the question time offensive. Labor is pushing the Westminster conventions, where a minister should take responsibility for their staff. The Coalition will respond with all the times Labor ministers survived when their staffers acted out of their bounds (examples we have heard today, are when a Julia Gillard staffer alerted protesters to Tony Abbott’s location on Australia Day in 2012 and Penny Wong’s staffer who spoke to New Zealand Labour during the Barnaby Joyce citizenship investigation).Core competence of the minister will be the basis of the question time offensive. Labor is pushing the Westminster conventions, where a minister should take responsibility for their staff. The Coalition will respond with all the times Labor ministers survived when their staffers acted out of their bounds (examples we have heard today, are when a Julia Gillard staffer alerted protesters to Tony Abbott’s location on Australia Day in 2012 and Penny Wong’s staffer who spoke to New Zealand Labour during the Barnaby Joyce citizenship investigation).
3.01am BST3.01am BST
03:0103:01
Note: the Queensland election is expected to be called very soon.Note: the Queensland election is expected to be called very soon.
Hanson votes with Turnbull to sell out battlers & now runs a protection racket for dodgy Michaelia Cash. Watch, like and share. #Estimates pic.twitter.com/lBGkmkUSnbHanson votes with Turnbull to sell out battlers & now runs a protection racket for dodgy Michaelia Cash. Watch, like and share. #Estimates pic.twitter.com/lBGkmkUSnb
2.42am BST2.42am BST
02:4202:42
The veterans affairs minister Dan Tehan is talking to Sky and says Michaelia Cash “won’t be resigning and nor should she resign”.The veterans affairs minister Dan Tehan is talking to Sky and says Michaelia Cash “won’t be resigning and nor should she resign”.
She took the proper course of action, she went immediately into Senate estimates once she knew the true facts, she disclosed those, she has been back in Senate estimates this morning and she has been a highly competent minister, who has done outstanding work, in particular, in getting legislation through the parliament on the Registered Organisations bill and the Australian Building and Construction Commission bill; two bills which will make a significant difference to the industrial relations landscape in Australia. So, she’s been behaving appropriately and truthfully and therefore she’ll continue in her position.”She took the proper course of action, she went immediately into Senate estimates once she knew the true facts, she disclosed those, she has been back in Senate estimates this morning and she has been a highly competent minister, who has done outstanding work, in particular, in getting legislation through the parliament on the Registered Organisations bill and the Australian Building and Construction Commission bill; two bills which will make a significant difference to the industrial relations landscape in Australia. So, she’s been behaving appropriately and truthfully and therefore she’ll continue in her position.”
It might be worth pointing out that there have been issues with both of those commissions Tehan just mentioned – Nigel Hadgkiss was made to resign from the ABCC after being found to have contravened the Fair Work Act and it is the Registered Organisations Commission’s raid of the AWU offices which kicked all of this off.It might be worth pointing out that there have been issues with both of those commissions Tehan just mentioned – Nigel Hadgkiss was made to resign from the ABCC after being found to have contravened the Fair Work Act and it is the Registered Organisations Commission’s raid of the AWU offices which kicked all of this off.
UpdatedUpdated
at 2.45am BSTat 2.45am BST
2.25am BST2.25am BST
02:2502:25
And let’s remember that tomorrow, the high court will hand down its decision on the seven MPs who have citizenship concerns.And let’s remember that tomorrow, the high court will hand down its decision on the seven MPs who have citizenship concerns.
Of most concern to the government are the decisions on Barnaby Joyce, Matt Canavan and Fiona Nash. Canavan was meant to go back into cabinet, if cleared. If those three are found to have been in breach of the rules, that’s two more ministers (Canvan has already resigned from the cabinet) the government loses. If Michaelia Cash is also made to resign, we are heading to a situation where the government could basically lose 20% of its cabinet in one week.Of most concern to the government are the decisions on Barnaby Joyce, Matt Canavan and Fiona Nash. Canavan was meant to go back into cabinet, if cleared. If those three are found to have been in breach of the rules, that’s two more ministers (Canvan has already resigned from the cabinet) the government loses. If Michaelia Cash is also made to resign, we are heading to a situation where the government could basically lose 20% of its cabinet in one week.
(For those who were asking, yes, I will be running a live blog on the high court decision tomorrow.)(For those who were asking, yes, I will be running a live blog on the high court decision tomorrow.)
UpdatedUpdated
at 2.29am BSTat 2.29am BST
2.20am BST
02:20
Will Michaelia Cash be back before the committee?
I understand that the committee is meeting at 1.15pm to discuss that exact thing.
Cash has not been able to answer questions in relation to what David De Garis knew and who he spoke to, as she said she needs to sit down with him.
She told the committee she was worried for his welfare, and last night described his condition as “very distressed” .
But she also said she had instructed her chief of staff to continue to call De Garis to set up that meeting.
Labor wants her back before the committee after that, most likely tomorrow morning, to finish answering those questions.
We’ll keep you updated.
Updated
at 2.27am BST
2.11am BST
02:11
Australian Workers' Union lodges freedom of information request
The AWU has released a statement:
The Australian Workers’ Union has today lodged an FOI aimed at revealing how senator Michaelia Cash’s office knew about the AWU raids and to what extent the minister was instructing her staff.
“How did Cash’s office know about the raids? And who knew? These are the questions we need answered,” said Daniel Walton, National Secretary of the Australian Workers’ Union.
“It seems completely inappropriate that the minister’s office, which is meant to be completely removed from the independent operations of the ROC and the AFP, seemed to know all the detail necessary to tip off media.
“My members, and the broader public, deserve to know how this came about. Why were media camped outside the offices of my staff 20 minutes before police arrived?
“We have suspected from the start that the Senator Cash’s office has had been exercising an inappropriate level of influence over the ROC and its actions. We know the ROC is loaded with former Liberal staffers. We need to understand this connection in better detail.
“The minister’s throwing of a staff member under the bus isn’t going to cut it.”
Walton also rubbished suggestions that a lack of cooperation with the ROC had triggered Tuesday’s raids.
“Firstly, the AWU has always complied with notices to produce. We received 40 notices to produce from the Royal Commission and handed over literally thousands of documents — huge files, USBs, computers,” Mr Walton said.
“The ROC only launched its investigation on Friday last week. Previously it has issued notices to produce, which we have fully complied with. But as regard the current matter, the only thing we had received from them was informal inquiries, of which we were disputing the legitimacy.
“On Tuesday the ROC said it was raiding our offices because they suspected documents were being shredded. Today we hear that it might have been because of our failure to cooperate instantly with informal inquiries. Which is it?”
Updated
at 2.22am BST
2.01am BST
02:01
Gareth Hutchens
Outside of Michaelia Cash:
Australia’s corporate regulator has just warned that Rio Tinto executives could face charges.
In a Senate estimates this morning, Greg Medcraft, the chairman of the Australian Securities and Investments Commission (Asic), was asked a series over questions about Rio Tinto’s disastrous $4bn purchase of Riversdale Mining Company in Mozambique in 2011.
Rio purchased the company while Tom Albanese was chief executive, and Guy Elliot was chief financial officer.
The United States Securities and Exchange Commission (SEC) has filed a complaint in federal court in Manhattan, alleging Rio Tinto, Albanese and Elliot failed to follow accounting standards and company policies to accurately value and record the asset.
It has claimed that within months of the 2011 purchase, Rio’s internal modelling found that the value of Riversdale was really worth between negative $3.45bn and negative $9bn, but that Albanese and Elliot did not tell shareholders about the write down immediately.
Medcraft told senators on Thursday that Asic has worked with the SEC for a long time on the case.
He then warned Rio executives could face charges in Australia.
Greens senator Peter Whish-Wilson asked why Asic wasn’t the first regulator to prosecute the case, given Rio is a dual-listed company in Australia and the UK.
Medcraft said Asic had been working on the case from day one.
“We’re not finished yet,” he said. “As I always say it’s a journey, the journey hasn’t finished yet.”
Whish-Wilson replied: “So you potentially could bring charges as well?”
Medcraft said: “We could. Correct. Watch this space.”
Whish-Wilson: “You do seem to use mostly civil [proceedings]?
Medcraft agreed, saying “all enforcement options” were on the table.
Updated
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1.58am BST
01:58
Meanwhile, some organisations seem to be doing OK out of this
the #BernadiEffect strikes again!gov't attacks @GetUp ➡️ donations increase 7x in one day to $171,000, gains 1145 new members. pic.twitter.com/ZyyqJpGtm0
1.50am BST
01:50
Labor will maintain its pressure on Michaelia Cash to resign, and on Malcolm Turnbull to make her, as the day progresses.
But she still has her supporters, including Senator Ian Macdonald, who said Cash “should be promoted”, and Pauline Hanson, who questioned whether it was a “political witch-hunt by the former union bosses”.
Christopher Pyne, Darren Chester, Mathias Cormann, Simon Birmingham and Christian Porter have been among the government members defending Cash this morning.
It seems split on whether she will survive in the ministry or not at this stage. If it is revealed another of her staffers did speak to the media, it is hard to see her being able to continue. But it’s not the first time the “I didn’t know I was being misled” defence has been deployed, and not all of those who use it, fall.
Updated
at 2.12am BST
1.41am BST
01:41
Recap
Sorry, just took a short breath.
OK. A lot to unpack there. The basics, as I see them:
Michaelia Cash is maintaining she did not mislead the Senate when she denied (five times) neither she or her office had leaked the AWU raids to the media, because she was misled by a staffer.
That staffer, David De Garis, resigned overnight. He refused to tell Cash who told him about the raids, only saying it was “a media source”.
Cash has not been in contact with De Garis since then.
Cash has written to the Registered Organisations Commission asking them to consider referring the matter to the Australian federal police.
Cash’s remaining media officer worked with the Fair Work Ombudsman’s media officer in former Victorian premier Denis Napthine’s office.
The FWO media officer is “on loan” to the ROC.
The Fair Work Ombudsman’s media director, Mark Lee, was informed by the ROC media advisor, warrants were being sought for a raid, at 12.30.
Lee was not in the office when the raid occurred.
Buzzfeed reported journalists were advised at 3.30 of the raids by De Garis.
Lee has told the FWO that he did not communicate in any form with anyone outside the agency until after the raids had commenced.
The FWO said she was “confident” he had not communicated with anyone else.
Cash said she has asked her staff if anyone else knew about the raids, or spoke about them (ie did anyone else make calls to the media), and no one else has come forward.
She says she has to believe they are being honest.
Cash advised the prime minister on Wednesday she was not the source of the leak, after erroneously believing Anthony Albanese had said she had called journalists (he said her office may be the source of the calls, not the minister).
She says the prime minister did not ask her any further questions.
The minister ate a toasted sandwich on her afternoon tea break, but did not clarify with her staff whether they were the leak.
Buzzfeed published its article just after 6pm.
Cash went back to her office and her staffer confessed, and resigned.
Cash maintains she did not do anything wrong and said she will not resign.
She will not say whether the prime minister asked her to.
What we don’t know
Who the “media source” is who told Michaelia Cash’s staffer of the upcoming raids.
If the prime minister asked Cash to resign.
Whether the AFP will investigate as Cash has suggested.
Updated
at 2.12am BST
1.13am BST
01:13
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1.06am BST
01:06
Committee adjourns
As the clock runs down, Doug Cameron and Murray Watt go over the facts. Michaelia Cash restates her earlier answers.
She is now reading verbatim from a statement in front of her, after Watt asks how she can be trusted again.
She says she didn’t know and as soon as she was aware her advisor had misled her, she notified the committee.
Murray Watt says the committee needs to reconvene on this matter, as the minister has not been able to answer all the questions in front of her.
Linda Reynolds says that will be discussed in a private meeting.
The committee adjourns.
1.03am BST
01:03
Pauline Hanson asks whether this is "political witch hunt" to stop "effective minister"
The One Nation senator looks to be running interference for Michaelia Cash. Hanson asks why she introduced the ROC bill, and what she knows about leaks in parliament, bringing up the raid of the One Nation office.
Hanson: This would not be the first time we’ve been talking about a leaked to the media. This is not the first time that leaks have been made from parliament, is it?
Cash: I think, as I stated this morning, when Michael Williamson and Craig Thomson were raided, there were media present, and that was under the former Labor government.
Hanson: Were you aware that, when One Nation was raided, there was media in attendance as well?
Cash: I’m certainly aware of reporting in the media in relation to what you have referred to, the raiding of the One Nation offices.
Hanson then asks whether Cash thinks this is a now “witch hunt” from former union bosses.
Minister Cash you are a very effective minister and you have actually have put pressure on the unions, do you feel that this is a political with hunt by the former union bosses now who are actually interrogating [you over this].
The room breaks into laughter.
Cash says Hanson is correct, that the matter at hand is about whether or not donations made by the AWU when Bill Shorten was boss, were properly authorised.
Updated
at 1.08am BST
12.54am BST
00:54
Cash says she has not considered resigning
The hearing starts to get heated, as Labor turns attention to whether Michaelia Cash had considered resigning and whether the prime minister had asked it of her resignation.
She earlier said she would not apologise to Anthony Albanese, for erroneously believing he had referred to her leaking, when he had said her office.
Cameron: The discussions you had with the prime minister this morning – was your potential resignation discussed?
Cash: AsI have stated, I will not be going into the ins and outs of the discussions I had with the prime minister. I discussed this matter with the prime minister, or I had discussions with the prime minister in relation to this matter.
Cameron: Did you offer your resignation?
Cash: I’m not going to canvass the details of the discussion. I had discussions with the prime minister in relation to this matter.
Ian Macdonald begins to interrupt. He is ignored.
Cameron: Minister, have you considered resigning, because of these terrible positions you find yourself in?
Cash: No, I have not.
Cameron: But you don’t rule out having discussed your resignation with the prime minister?
Cash: As I have stated, I’m not going to canvas the ins and outs of the discussions I’ve had with the prime minister, but I had discussions with the prime minister this morning.
Updated
at 12.58am BST