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| Special minister of state Scott Ryan waives former senator Bob Day's debts – as it happened | Special minister of state Scott Ryan waives former senator Bob Day's debts – as it happened |
| (6 months later) | |
| The special minister of state Scott Ryan has waived the debts owed to the commonwealth by Bob Day after he asked for special consideration of his circumstances on May 20. The commonwealth was required under law to pursue debts for salaries, allowances and staff entitlements after the high court ruled both Bob Day and Rod Culleton ineligible to stand for different reasons. Ryan said it was open to Culleton to write to request a waiver. | The special minister of state Scott Ryan has waived the debts owed to the commonwealth by Bob Day after he asked for special consideration of his circumstances on May 20. The commonwealth was required under law to pursue debts for salaries, allowances and staff entitlements after the high court ruled both Bob Day and Rod Culleton ineligible to stand for different reasons. Ryan said it was open to Culleton to write to request a waiver. |
| Gillian Triggs has spoken frankly about the attacks on women in public positions in her last estimates hearings before she stands down. She reflected that though she took advantage of the opportunities afforded women from the 1960s on, through university and work life, she feels there has been a regression for women in public positions. It was a sobering assessment. | Gillian Triggs has spoken frankly about the attacks on women in public positions in her last estimates hearings before she stands down. She reflected that though she took advantage of the opportunities afforded women from the 1960s on, through university and work life, she feels there has been a regression for women in public positions. It was a sobering assessment. |
| Liberal MP Trent Zimmerman has called on the government and the Muslim community in Australia to take a stand against the caning of two gay men in Aceh. He welcomed the decision of foreign minister Julie Bishop to take it up with her Indonesian counterparts while senator Derryn Hinch called on the government to cut foreign aid to Indonesia as a result. | Liberal MP Trent Zimmerman has called on the government and the Muslim community in Australia to take a stand against the caning of two gay men in Aceh. He welcomed the decision of foreign minister Julie Bishop to take it up with her Indonesian counterparts while senator Derryn Hinch called on the government to cut foreign aid to Indonesia as a result. |
| Question time was dominated by schools funding questions from both sides. | Question time was dominated by schools funding questions from both sides. |
| Immigration minister Peter Dutton said the ABC Q&A show was a waste of taxpayers. | Immigration minister Peter Dutton said the ABC Q&A show was a waste of taxpayers. |
| Barnaby Joyce said every religion had murderers at the periphery when answering questions on the Manchester bombing, reminding everyone to respect each other’s beliefs. | Barnaby Joyce said every religion had murderers at the periphery when answering questions on the Manchester bombing, reminding everyone to respect each other’s beliefs. |
| That is it, friends of the blerg. Thanks to Paul Karp, Gareth Hutchens and Katharine Murphy. Mike Bowers is squawked, having run around the building 567 times between Monday and Thursday. (It is estimates). We shall see you all back here bright and early on Monday morning. | That is it, friends of the blerg. Thanks to Paul Karp, Gareth Hutchens and Katharine Murphy. Mike Bowers is squawked, having run around the building 567 times between Monday and Thursday. (It is estimates). We shall see you all back here bright and early on Monday morning. |
| Good night. | Good night. |
| Scott Ryan broke his news in the estimates committee, to which he delivered a longer statement. For the detailed focussed, here it is. | Scott Ryan broke his news in the estimates committee, to which he delivered a longer statement. For the detailed focussed, here it is. |
| I would like to update the Committee on matters relating to Bob Day and Rod Culleton. | I would like to update the Committee on matters relating to Bob Day and Rod Culleton. |
| This year, two separate rulings of the High Court, acting as the Court of Disputed Returns, declared the Senate positions of Mr Culleton, an independent, and Mr Day, of Family First, vacant. | This year, two separate rulings of the High Court, acting as the Court of Disputed Returns, declared the Senate positions of Mr Culleton, an independent, and Mr Day, of Family First, vacant. |
| On 3 February 2017, the Court of Disputed Returns found that Mr Culleton was incapable of being chosen as a Senator under section 44(ii) of the Constitution because he had been convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election. | On 3 February 2017, the Court of Disputed Returns found that Mr Culleton was incapable of being chosen as a Senator under section 44(ii) of the Constitution because he had been convicted and subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election. |
| In a separate matter, on 5 April, 2017, the Court of Disputed Returns found Mr Day was incapable of sitting, or being chosen, as a Senator due to a pecuniary interest in an agreement with the Public Service of the Commonwealth relating to the lease of his Adelaide electorate office. The Court found he was incapable of sitting as a Senator from 26 February 2016. | In a separate matter, on 5 April, 2017, the Court of Disputed Returns found Mr Day was incapable of sitting, or being chosen, as a Senator due to a pecuniary interest in an agreement with the Public Service of the Commonwealth relating to the lease of his Adelaide electorate office. The Court found he was incapable of sitting as a Senator from 26 February 2016. |
| This second matter is one that I brought to the attention of the President and Senate in October and November 2016. | This second matter is one that I brought to the attention of the President and Senate in October and November 2016. |
| Salary, allowances and other amounts paid to, and in relation to, Mr Culleton and Mr Day are debts owed by both individuals to the Commonwealth. | Salary, allowances and other amounts paid to, and in relation to, Mr Culleton and Mr Day are debts owed by both individuals to the Commonwealth. |
| I have been asked why this is not simply a case of following precedents where the Commonwealth has previously waived debts against members and senators later deemed ineligible to hold their position. | I have been asked why this is not simply a case of following precedents where the Commonwealth has previously waived debts against members and senators later deemed ineligible to hold their position. |
| Since the most recent precedent in 1996, there have been changes made to the Remuneration Tribunal Act and the introduction of the Public Governance and Performance Act. | Since the most recent precedent in 1996, there have been changes made to the Remuneration Tribunal Act and the introduction of the Public Governance and Performance Act. |
| In 2013, Section 16A of the Remuneration Tribunal Act was amended to deal with payments that had purportedly been made under the Act, but where there was, in fact, no power to make those payments. | In 2013, Section 16A of the Remuneration Tribunal Act was amended to deal with payments that had purportedly been made under the Act, but where there was, in fact, no power to make those payments. |
| The effect of Section 16A is to allow remuneration payments made in error under the Remuneration Tribunal Act to be recoverable by the relevant Commonwealth entity, in this case the Department of Senate and the Department of Finance, to ensure no breach of section 83 of the Constitution. | The effect of Section 16A is to allow remuneration payments made in error under the Remuneration Tribunal Act to be recoverable by the relevant Commonwealth entity, in this case the Department of Senate and the Department of Finance, to ensure no breach of section 83 of the Constitution. |
| The Public Governance, Performance and Accountability Act 2013 has also been introduced since the last comparable situation. Section 15 of the PGPA Act generally requires the authority responsible for the recovery of any payment made in error to allocate department resources to pursue the debt or attempt to have the debt waived or written off. | The Public Governance, Performance and Accountability Act 2013 has also been introduced since the last comparable situation. Section 15 of the PGPA Act generally requires the authority responsible for the recovery of any payment made in error to allocate department resources to pursue the debt or attempt to have the debt waived or written off. |
| Accordingly, officials of the Department of Finance and Department of Senate – who are responsible for paying salaries, allowances and expenses to senators – are required to pursue debts to the Commonwealth. | Accordingly, officials of the Department of Finance and Department of Senate – who are responsible for paying salaries, allowances and expenses to senators – are required to pursue debts to the Commonwealth. |
| The Department of the Senate has determined the amount paid out to Mr Culleton and Mr Day in salary and electorate allowances. The Department of Finance has determined the amount paid out for non-salary amounts. This includes superannuation under the Parliamentary Superannuation Act 2004, benefits paid under the Parliamentary Entitlements Act 1990 and staff payments made under the Members of Parliament (Staff) Act 1984. | The Department of the Senate has determined the amount paid out to Mr Culleton and Mr Day in salary and electorate allowances. The Department of Finance has determined the amount paid out for non-salary amounts. This includes superannuation under the Parliamentary Superannuation Act 2004, benefits paid under the Parliamentary Entitlements Act 1990 and staff payments made under the Members of Parliament (Staff) Act 1984. |
| Mr Culleton and Mr Day have both been notified that they are responsible for money expended by the Commonwealth. As such, debts will not be pursued against their staff or against third parties, for example suppliers. | Mr Culleton and Mr Day have both been notified that they are responsible for money expended by the Commonwealth. As such, debts will not be pursued against their staff or against third parties, for example suppliers. |
| Today, I inform Senators that Mr Day wrote to me on 20 May, 2017 requesting a waiver of all debts he owed to the Department of the Senate and the Department of Finance. | Today, I inform Senators that Mr Day wrote to me on 20 May, 2017 requesting a waiver of all debts he owed to the Department of the Senate and the Department of Finance. |
| As the Minister responsible for the waiver of Commonwealth debts, I considered this request under subsection 63(1) of the PGPA Act. | As the Minister responsible for the waiver of Commonwealth debts, I considered this request under subsection 63(1) of the PGPA Act. |
| In making my decision, I took recommendations from an Advisory Committee formed under section 24 of the Public Governance, Performance and Accountability Rule 2014. | In making my decision, I took recommendations from an Advisory Committee formed under section 24 of the Public Governance, Performance and Accountability Rule 2014. |
| The Advisory Committee noted it may be seen to be inequitable for the Commonwealth to recover the debt, given Mr Day performed his duties as a senator in good faith. The Committee also noted Mr Day’s current personal financial circumstances. | The Advisory Committee noted it may be seen to be inequitable for the Commonwealth to recover the debt, given Mr Day performed his duties as a senator in good faith. The Committee also noted Mr Day’s current personal financial circumstances. |
| After taking this advice, I have agreed to waive Mr Day’s debts to the Department of the Senate for salary and allowances, and Mr Day’s debts to the Department of Finance for superannuation, other parliamentary entitlements and staff salary and other payments. The waiver of this debt is consistent with the outcome in previous similar cases. | After taking this advice, I have agreed to waive Mr Day’s debts to the Department of the Senate for salary and allowances, and Mr Day’s debts to the Department of Finance for superannuation, other parliamentary entitlements and staff salary and other payments. The waiver of this debt is consistent with the outcome in previous similar cases. |
| There have been criticisms levelled by some individuals surrounding the handling of this situation. I would like to point out that departmental officials have been acting in accordance with the requirements of the law. | There have been criticisms levelled by some individuals surrounding the handling of this situation. I would like to point out that departmental officials have been acting in accordance with the requirements of the law. |
| As the media has reported, letters were sent to both Mr Culleton and Mr Day outlining the situation and presenting a number of options to progress this issue. | As the media has reported, letters were sent to both Mr Culleton and Mr Day outlining the situation and presenting a number of options to progress this issue. |
| The letters provided Mr Culleton and Mr Day with options in relation to the debt. Mr Day has elected to take one of those options, which was to apply for a waiver. Those options remain open to Mr Culleton. | The letters provided Mr Culleton and Mr Day with options in relation to the debt. Mr Day has elected to take one of those options, which was to apply for a waiver. Those options remain open to Mr Culleton. |
| Special minister of state Scott Ryan’s statement: | Special minister of state Scott Ryan’s statement: |
| Today, I have agreed to waive debts to the Commonwealth owed by Mr Bob Day AO. | Today, I have agreed to waive debts to the Commonwealth owed by Mr Bob Day AO. |
| On 5 April, 2017, the Court of Disputed Returns found Mr Day was incapable of sitting, or being chosen, as a Senator due to a pecuniary interest in an agreement with the Public Service of the Commonwealth relating to the lease of his Adelaide electorate office. The Court found he was incapable of sitting as a Senator from 26 February 2016. | On 5 April, 2017, the Court of Disputed Returns found Mr Day was incapable of sitting, or being chosen, as a Senator due to a pecuniary interest in an agreement with the Public Service of the Commonwealth relating to the lease of his Adelaide electorate office. The Court found he was incapable of sitting as a Senator from 26 February 2016. |
| Following that decision, officials in the Department of the Senate and Department of Finance wrote to Mr Day notifying him they would be required to pursue a debt owed for salaries, allowances, superannuation and staff payments. | Following that decision, officials in the Department of the Senate and Department of Finance wrote to Mr Day notifying him they would be required to pursue a debt owed for salaries, allowances, superannuation and staff payments. |
| Mr Day wrote to me on 20 May, 2017 requesting a waiver of debts he owed to the Department of the Senate and the Department of Finance. | Mr Day wrote to me on 20 May, 2017 requesting a waiver of debts he owed to the Department of the Senate and the Department of Finance. |
| As the minister responsible for the waiver of Commonwealth debts, I considered this request under subsection 63(1) of the PGPA Act. | As the minister responsible for the waiver of Commonwealth debts, I considered this request under subsection 63(1) of the PGPA Act. |
| After taking advice from officials in the Department of Finance I have agreed to waive Mr Day’s debts to the Department of the Senate and Department of Finance. The waiver of this debt is consistent with the outcome in previous similar cases. | After taking advice from officials in the Department of Finance I have agreed to waive Mr Day’s debts to the Department of the Senate and Department of Finance. The waiver of this debt is consistent with the outcome in previous similar cases. |
| Ryan has waived Day’s debts because he made a special application to consider his financial circumstances. | Ryan has waived Day’s debts because he made a special application to consider his financial circumstances. |
| Former One Nation senator Rod Culleton, who was declared bankrupt last year but who maintains he is in control of his assets, has not made such an application. | Former One Nation senator Rod Culleton, who was declared bankrupt last year but who maintains he is in control of his assets, has not made such an application. |
| But Ryan said in a statement to estimates, that the same avenue is open to Culleton. | But Ryan said in a statement to estimates, that the same avenue is open to Culleton. |
| Both Ryan and Culleton were ruled ineligible to be senators by the high court. | Both Ryan and Culleton were ruled ineligible to be senators by the high court. |
| Both had received letters from the finance department seeking to recover debts owed to the commonwealth for salaries, staff entitlements and allowances. | Both had received letters from the finance department seeking to recover debts owed to the commonwealth for salaries, staff entitlements and allowances. |
| A picture paints a thousand words. | A picture paints a thousand words. |
| LNP senator Ian Macdonald, one of her chief inquisitors, wished her well in the future. | LNP senator Ian Macdonald, one of her chief inquisitors, wished her well in the future. |
| Graciously, Gillian Triggs thanks him. | Graciously, Gillian Triggs thanks him. |
| In her final estimates, Australian Human Rights Commission president, Gillian Triggs has given an extended meditation on attacks against women in public life. | In her final estimates, Australian Human Rights Commission president, Gillian Triggs has given an extended meditation on attacks against women in public life. |
| I’ve had a legal career now for 50 years, for most of those 50 years I’ve never felt in any way hampered by being a woman. I’ve ridden a crest of a wave of opportunity in education and work, and I’ve always benefited [from opportunity]. | I’ve had a legal career now for 50 years, for most of those 50 years I’ve never felt in any way hampered by being a woman. I’ve ridden a crest of a wave of opportunity in education and work, and I’ve always benefited [from opportunity]. |
| But it’s fair to say, as I did at Melbourne town hall, that sadly there has been clear evidence that women in senior positions and women in the media are being attacked, it’s very sad for Australian democracy and for enlightened liberal debate in this country.” | But it’s fair to say, as I did at Melbourne town hall, that sadly there has been clear evidence that women in senior positions and women in the media are being attacked, it’s very sad for Australian democracy and for enlightened liberal debate in this country.” |
| Triggs said she had “attracted a great deal of attention” as a function of her role, which she described as an honour that came with “a certain level of controversy”. | Triggs said she had “attracted a great deal of attention” as a function of her role, which she described as an honour that came with “a certain level of controversy”. |
| Derryn Hinch asked if she was being a bit hyperbolic, like Donald Trump when he complained he was the most persecuted US president in history. | Derryn Hinch asked if she was being a bit hyperbolic, like Donald Trump when he complained he was the most persecuted US president in history. |
| Triggs replied: | Triggs replied: |
| I think it’s extraordinary to be referred to in the same sentence as Donald Trump, I’m not sure it’s a very flattering association. I don’t think it is over the top. | I think it’s extraordinary to be referred to in the same sentence as Donald Trump, I’m not sure it’s a very flattering association. I don’t think it is over the top. |
| Triggs said she would do more research on the topic but “evidence is mounting, of growing attacks on women in public positions” including heads of companies and the public service. | Triggs said she would do more research on the topic but “evidence is mounting, of growing attacks on women in public positions” including heads of companies and the public service. |
| I say this with great sorrow. I grew up and went to university in the 1960s. The last few years have seen a serious regression. | I say this with great sorrow. I grew up and went to university in the 1960s. The last few years have seen a serious regression. |
| George Brandis is now stepping estimates through the process to appoint the next president of the Human Rights Committee when Gillian Triggs steps down. | George Brandis is now stepping estimates through the process to appoint the next president of the Human Rights Committee when Gillian Triggs steps down. |
| The position was advertised on 22 and 29 April. Applications closed on 5 May. | The position was advertised on 22 and 29 April. Applications closed on 5 May. |
| The selection panel will provide a short list of recommended candidates to the government. | The selection panel will provide a short list of recommended candidates to the government. |
| Brandis will take a name to cabinet. It is the government’s choice, he agrees. | Brandis will take a name to cabinet. It is the government’s choice, he agrees. |
| Oops. Further to Ian Macdonald’s attempt to chuck out Greens senator Nick McKim. | Oops. Further to Ian Macdonald’s attempt to chuck out Greens senator Nick McKim. |
| McDonald: I've been told by the clerk I do not have the power to evict anyone or prevent anyone asking questions. #estimates #auspol | McDonald: I've been told by the clerk I do not have the power to evict anyone or prevent anyone asking questions. #estimates #auspol |