Subjects: AFP investigation regarding alleged assault at Parliament House; Senator Linda Reynolds.
EO&E.......
PETER DUTTON:
The Australian Federal Police Commissioner's made it very clear that investigations, particularly in relation to sexual assault, but other criminal matters as well where they've been referred to Members of Parliament, there's a process that needs to be followed where that referral can be made to the Australian Federal Police, and that's entirely appropriate.
The other point of course that he made is that now a complaint has been made to the Australian Federal Police, the investigation needs to be conducted and it needs to be conducted in a way that is not going to compromise the possible prosecution or the way in which the investigation is undertaken.
I know in all of these matters there's always a lot of interest, but I also think it's very important that the police now are allowed to undertake their investigation and to compile their information from their investigations, and then decide whether or not the prosecution takes place.
That is the way the rule of law operates in our country, and I think it's very important that that is respected. So I'm happy to take any questions.
QUESTION:
You were briefed on this before the Prime Minister found out. Why did you not tell the Prime Minister if it was politically sensitive?
PETER DUTTON:
Well as you know, the Australian Federal Police re-engaged with Brittany or Brittany reengaged with the Australian Federal Police on about the 5 th February. The sensitive investigation board met on the 11th February, on the morning of the 11th of February and they made a decision that the investigation was sensitive. At that stage, as you're aware, the protocols provide that the Australian Federal Police Commissioner then informs me, which he did on the morning of the 11th of February.
I took a decision at that time that I wasn't going to inform the Prime Minister because this was an operational matter. I have a special responsibility, as the Minister for the Australian Federal Police, to receive briefings, as I do on a regular basis from the Commissioner.
I don't instruct him how to conduct his investigations, I don't impede his investigations, I don't seek to influence his investigations – as has been the case for my predecessors – and that's obviously entirely appropriate.
I formed the judgement that I was not going to provide that information or disclose the information which the Commissioner had provided to me, I must say, at a higher level, more around the process than the detail of the alleged offence.
On the 12th, the following day, though, there were media inquiries that came into the Government and I formed a judgement at that stage that my Chief of Staff should inform the Prime Minister's Office, which took place and that's what happened on the 12th.
QUESTION:
Why didn't you inform the Prime Minister?
PETER DUTTON:
Because my office had provided the information to the Prime Minister's Office and as I say, I was provided with information from the Federal Police Commissioner in an in-confidence briefing. I honour the relationship that I have with the Australian Federal Police Commissioner and I don't compromise that. I don't seek to compromise his integrity around his investigations and if I don't need to disclose something, I don't and I formed the judgement that that was not to be disclosed.
QUESTION:
In hindsight, do you think that was the right judgement?
PETER DUTTON:
Absolutely. Absolutely I do, there's no question about that. I receive briefings from the Australian Federal Police Commissioner on a regular basis and in some cases the Commissioner or indeed the Director-General of ASIO will provide a briefing to the Prime Minister where I won't get a briefing because the matter is of, you know, national security importance or other matters that are sensitive that it's deemed appropriate by the Commissioner to only inform the Prime Minister. That is entirely appropriate. It's operated under this administration, under other administrations, and that's the way the AFP has always operated and I think the Commissioner has done exactly the right thing.
QUESTION:
So, do you believe it's appropriate the Prime Minister only found out on the Monday?
PETER DUTTON:
Well I think the Prime Minister's been very clear about his frustration and anger at the fact that he wasn't provided with information earlier by his office. He's been very clear to the Parliament and to the public about that as well and you would expect him to be angry; a mistake was made, he wasn’t informed by his office and he sought to rectify that and there's now, obviously, an investigation that's underway.
QUESTION:
Why is it a mistake for his office not to tell him, but not for you not to tell him?
PETER DUTTON:
I made a judgement that I had received a briefing from the Australian Federal Police Commissioner about a sensitive matter. I took a decision that I wasn't going to disclose that to the Prime Minister. I think that was the right decision and when the media inquiries came in we provided information – not to his office about the detail, the detail of the allegation – it was at a higher level, which was the basis on which I was briefed by the AFP Commissioner – more in terms of process as the Commissioner advised me at the time.
There are other matters unrelated to this, obviously, that I was briefed on during that discussion with the Commissioner on the 11 th and as I say, I have those regular briefings with him and I don't disclose the rest of that information.
As a courtesy to the Prime Minister's Office on the 12th, when there were media inquiries, we provided some detail to him, just that the AFP had an interest in this matter and I wasn't provided with the she said, he said details of the allegations. It was at a higher level and that's the basis on which we provided information to the PM on.
QUESTION:
Minister, have you been updated on how Senator Reynolds is doing? And should she stay in that job?
PETER DUTTON:
I haven't had an update this morning. I sent a message to Linda yesterday, and I think all of us – as Penny Wong very graciously did yesterday, but others in the media as well – want Linda to get well as quickly as possible.
These are all high pressure jobs and Linda's been under pressure over the course of the last couple of weeks and she obviously has a pre-existing medical condition, she's done the right thing in seeking medical attention for that and I hope that she's back at work as quickly as possible.
I think we need to think about the fact that…I mean people sometimes forget that Members of Parliament are human beings and have emotions and feelings and the rest of it. I think it's important for us to not speculate about what her job is and all of that. The priority is for Linda to get better and to be back at work as quickly as possible, and I certainly hope that's the case.
QUESTION:
Do you have confidence though in her handling of…
PETER DUTTON:
Of course I do. Yes.
QUESTION:
Do you believe that she should have come to you earlier after finding out about the allegations?
PETER DUTTON:
No I don't, and again, when Brittany first engaged with the Australian Federal Police, the police made a decision at that point – as is publicly known now – to engage with Minister Reynolds and with Brittany. Brittany had made a decision, perfectly understandable, for her own reasons not to make a complaint to the police until….a formal complaint to the police until yesterday and now the matter needs to be investigated.
I think it's very clear here that the rule of law needs to operate. We need to follow what are long existing protocols, that is, if the police have a formal complaint they are allowed to conduct that investigation, and we don't want to compromise any potential prosecution. These matters shouldn't be speculated on publicly, and the AFP Commissioner, as I say, has been very clear in his advice on that matter.
QUESTION:
Do you think it's acceptable that the AFP took almost two years to notify you about this complaint?
PETER DUTTON:
I think it's entirely appropriate because their decision was to engage at Minister Reynolds behest with both Brittany and Minister Reynolds. As Linda has said, she tried to, as best she could, provide that support to Brittany; tried to provide the support, encouragement, etc to make a complaint. Brittany, for her own reasons, made a decision not to make a formal complaint until yesterday. The police investigation now is under way and I just don't think we want to speculate on that.
QUESTION:
Just for clarity, just so we can understand the timeline. So, why wasn't it deemed politically sensitive two years ago, but it was deemed politically sensitive three weeks ago? Had the Board not met in that time? What changed?
PETER DUTTON:
The Board process hasn't been around for all of that period – I'll just have to come back to you on the date that that was established – but nonetheless, there was a predecessor process to it where they look at sensitive matters.
But Brittany had re-engaged with the Australian Federal Police on about the 5 th February, as I understand, and the Board met appropriately on the 11th. Once they had put all of their detail together, they considered the matter on the 11th and I was advised on the 11th after that decision.
QUESTION:
Senator Lambie believes that Linda Reynold's position is now untenable, and she wants to see you as the Defence Minister. Do you want the job?
PETER DUTTON:
I like Jacqui a lot, but I have been very clear; Linda should continue in her job, she's very capable. I've seen Linda performing around the National Security Committee of Cabinet and she has, you know, not only great intellect to bring to the job, but she has a great capacity, and I think she's carried that out very capably. I think the priority now is for her to get well and I think, you know, as well-intentioned as some of the comments might be, I think the priority is not to be speculating about her future, but making sure that she's well and back at work and her job as quickly as possible.
QUESTION:
When your office informed the Prime Minister's Office, were you then surprised that the Prime Minister's Office didn't tell their boss?
PETER DUTTON:
Like the Prime Minister, I am not happy with that delay, and that is being looked at by the PM. He's been very clear about his belief that he should have been told earlier, he wasn't. It has no material impact on the case or the investigation, and frankly, I think the priority here, now that Brittany's made a decision to make a formal complaint to the police, we allow the police to conduct that investigation.
The rule of law applies. There are presumptions around innocence, there are presumptions around the rights of the victim etc, and all of that now needs to play out. As you know the law in the ACT, because of their commitment to the human rights charter, means that the police can't initiate that investigation until the complainant makes that complaint to police. The complaints now been made and I don't think you want to be reading about – if there is to be a prosecution taken place – that matters were prejudiced by public commentary that was made now. That would be a very unwelcome and unhelpful situation for Brittany.
I think the best situation going forward, frankly, both for the media and for others that want to comment on these matters, is to leave it to the police. The police have the ability to investigate these matters, that is now under way and frankly, we don't want to be commenting beyond that.
QUESTION:
Did you speak to the Prime Minister directly at any point, on any other matter, from February 11 to the 15th?
PETER DUTTON:
I speak to the Prime Minister on most days about national security matters or other matters and my conversations with him, obviously, are private. Alright. Thank you.
