THE HON MARK DREYFUS QC MP
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR NATIONAL SECURITY
MEMBER FOR ISAACS
REFERRAL OF CHRISTIAN PORTER TO THE AFP
I have written to the Commissioner of the Australian Federal Police, Andrew Colvin, asking him to investigate whether the Attorney-General Christian Porter may have committed bribery offences under the Commonwealth Electoral Act 1918.
On 21 February 2019, Mr Porter appointed Ms Jane Bell to the Administrative Appeals Tribunal. At that time, Ms Bell was publicly known to be seeking pre-selection for the seat of Higgins, vacated by the Hon Kelly O'Dwyer.
There is clear and recent High Court precedent, established in the case of Hollie Hughes, that membership of the Administrative Appeals Tribunal renders a person incapable of sitting as member of Parliament, due to the constitutional prohibition on members of Parliament also holding an office of profit under the Crown. As Attorney-General and first law officer of this country, this is a fact Mr Porter would have been well aware of.
Therefore by appointing Ms Bell to the AAT before the Higgins pre-selection contest was finalised, Mr Porter has effectively rendered any votes for Ms Bell entirely pointless potentially interfering with the pre-selection process.
The timing of the appointment immediately before the pre-selection ballot was held raises other questions.
Under the Act, it is an offence carrying a penalty of up to two years in jail to give or promise to give a person a benefit of any kind with the intention of influencing or affecting that persons candidacy for an election.
Mr Porters stacking of the AAT with Liberal mates just like his predecessor George Brandis is proving to be a terrible error of judgment. Mr Porter must explain today all of the circumstances of this appointment and release all relevant documents.
THURSDAY, 7 MARCH 2019
