MINISTER CASH HAS QUESTIONS TO ANSWER

Minister Cash has more questions to answer about disgraced ABCC Commissioner Nigel Hadgkiss.

While these are by no means the only questions Michaelia Cash should answer, it would be a good start:

A complaint about the unlawful nature of the materials produced and distributed by the Fair Work Building Inspectorate (FWBI) was made to Mr Hadgkiss, in writing, on 25 July 2016.  He took the offending material down from the FWBI’s website and stopped distribution of hard copies on 28 July 2016. 

Does the Minister maintain that she was not advised in July by Mr Hadgkiss, or anyone else, that he had been caught out distributing  materials which misrepresented the law?

How can the Minister maintain that she had no knowledge of Mr Hadgkiss’ law breaking behaviour until October 2016, when court proceedings were instituted against him on 19 August 2016, with contemporaneous media coverage of that fact and of the behaviour which constituted Mr Hadgkiss’ law breaking? 

Does the Minister really expect the Australian public to believe that no one in the FWBI, or her Department, or her office brought to her attention that her regulator was subject to legal proceedings for breaching the law he was charged with regulating?

If the Minister does maintain that she did not know until 21 October 2016, when the Commonwealth was joined as a party to the court proceedings, this means that Mr Hadgkiss failed to advise her about this serious matter for 3 months after the complaint and 2 months after proceedings were initiated. 

Why did the Minister fail to act in response to Mr Hadgkiss’ clear contempt for her as his responsible Minister?

By no later than 21 October 2016, the Minister knew that Mr Hadgkiss had caused the FWBI to distribute materials which misrepresented the law regarding right of entry between 1 January 2014 and 28 July 2016. She also knew that, during that time, Mr Hadgkiss considered that his core role was regulating compliance with the law of right of entry. She also knew that Mr Hadgkiss had failed to tell her about his actions or the court proceedings against him for 3 months.  

How could the Minister have had any confidence in Mr Hadgkiss at that time, regardless of what the outcome of the court proceedings would be?  Surely she would have examined the facts and been able to come to the obvious conclusion that Mr Hadgkiss had misrepresented the law. 

Why did the Minister keep Mr Hadgkiss on as the Commissioner of the ABCC when that legislation came into force on 2 December 2016?

Did the Minister advise the Cabinet, or the Prime Minister, or the Prime Minister’s office, any time between 21 October 2016 and 2 December 2016 that Mr Hadgkiss was the subject of legal proceedings for breaching the Fair Work Act?

The Minister has confirmed that Mr Hadgkiss will remain in his job – for which he gets paid more than $400,000 a year – for two weeks after submitting his resignation.  Is the pay he will receive for this two week period the way that the Minister is indemnifying him for any penalty to be imposed for his breach of the Fair Work Act?