Scott Morrison has asked the solicitor general for advice on how to handle potential conflicts of interest when the attorney general, Christian Porter, returns to work.
After conceding on Tuesday that Porter would have to delegate duties relating to the federal court and the ABC, the prime minister revealed in question time on Wednesday he had asked the second law officer which other duties the first law officer should not perform when he returns on 31 March.
Labor, the Greens and legal academics continued to raise concerns about whether Porter could be responsible for the Sex Discrimination Act, consent laws, the national integrity commission, and defamation law reform.
After identifying himself as the cabinet minister accused of a sexual assault in January 1988, Porter strenuously denied the allegation and took mental health leave.
Morrison was staring down calls for an independent inquiry into the allegation, arguing the fact the New South Wales police concluded their investigation brought the matter to an end. On Monday Porter launched a defamation case against the ABC and journalist Louise Milligan.
Morrison told the lower house advice had been sought from the solicitor general, Stephen Donaghue, about Porter’s defamation suit.
“Once that advice is received, arrangements will be put in place that are consistent with that at the time of the attorney general’s return,” he said.
Prof Kim Rubenstein told ABC TV there were “serious concerns” about the attorney general’s capacity to fulfil his responsibilities, because cabinet operates with “collective responsibility where ministers deliberate together”.
“How will he continue to be a minister involved with the deliberations with attorneys general from each of the different states on defamation law reform when he himself is involved in a defamation action at this very time?”
Rubenstein said the defamation case could take up to two years, and due to the open justice principle “the entire community will be seeing the affidavits of people involved”.
Rubenstein also queried how Porter would manage a costs order in the event he loses the case, which is not being funded by the commonwealth.
In the Senate, the finance minister, Simon Birmingham, representing Morrison, said that Porter – like any Australian – was “entitled to initiate defamation proceedings … against the ABC or anybody else who is alleged to have defamed them”.
Birmingham said that the acting attorney general, Michaelia Cash, was performing all of Porter’s responsibilities until he returns, assisted by the assistant minister to the attorney general, Amanda Stoker, on duties delegated to her.
“The government out of an abundance of caution has sought advice from the solicitor general in relation to the functions of the attorney general to avoid any perception of any conflicts of interest that may arise when he returns to fulfil his office,” Birmingham said.
In answer to a later question, he confirmed Stoker was responsible for responding to the sex discrimination commissioner Kate Jenkins’ Respect@Work report.
The Greens senator Sarah Hanson-Young asked how Porter could be responsible for national consent laws, the establishment of a commonwealth integrity commission and defamation law reform.
Birmingham said he would not pre-empt the solicitor general’s advice, but the government would be “transparent” about procedures in place before Porter returned.
Birmingham noted Porter was not on the expenditure review committee – responsible for the ABC budget – but conflict of interest procedures in cabinet would be followed.
Labor’s shadow finance minister, Katy Gallagher, queried why the government had sought advice from the solicitor general to facilitate Porter’s return to work but not “to ensure Mr Porter is a fit and proper person to retain his role as attorney general”.
Birmingham said there were “many previous precedents” for seeking advice about potential conflicts of interest. Labor’s Penny Wong noted he had avoided explaining the failure to seek advice about Porter’s fitness, which Gallagher said was “hard to justify”.
Morrison has insisted Porter is an “innocent man under our law” due to the presumption of innocence.
Porter’s return to work on 31 March coincides with the next meeting of attorneys general, which is due to consider family violence, protecting older Australians, and model defamation law reform.
A spokesperson for the Australian Capital Territory attorney general, Shane Rattenbury, said the ACT was looking forward to progressing agenda items including raising the minimum age of criminal responsibility.
Rattenbury said this was a “priority” as it was “one of many important reforms for reducing the disproportionate incarceration of First Nations people”.
• In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org.
