Senator BILYK (Tasmania—Deputy Opposition Whip in the Senate) (15:28): The previous speaker is concerned that we spent the whole of question time asking questions about whether Commissioner Heydon is credible and whether he should continue, because of his links to the Liberal Party. Do you know what, Senator Fawcett? It is our job on this side to ask questions. You talked about South Australia— The DEPUTY PRESIDENT: Senator Bilyk, could you address your remarks through the chair. Senator BILYK: Sorry, Mr Deputy President. Of course, Senator Fawcett has now left the chamber, but I did not see him standing up and defending the people of South Australia on the issue about whether or not submarines should be built in South Australia. Nor have I seen him stand up and defend the people of South Australia with regard to what is happening with job development in their state—or any of the other issues in that state. So I do not know that he is quite the right person to be questioning us about the questions we are asking. We have every right to ask questions about Commissioner Heydon. It is not disrespectful; it is asking questions and seeking answers. To be honest, I was a bit surprised that my questions got such a reaction from those on the other side, who interjected so loudly and behaved so badly. They were questions like: 'When was the Prime Minister's office first aware that Commissioner Heydon was giving the address at a Liberal Party function? Was the Prime Minister invited? Did any of the politician lawyers raise any concerns with the Prime Minister's office regarding Commissioner Heydon's lack of impartiality in addressing the New South Wales Liberal Party while the royal commission was still afoot?' The last question I asked was about the Prime Minister saying last year that he trusted Dyson Heydon's judgement and he was very happy to put us—the government—in the hands of Dyson Heydon and see where this commission went. The question after that was, 'Does the PM still have this continued trust in Commissioner Heydon based on the fact that a partisan inquiry is exactly what he wanted?' I was amazed at the response that got—the interjections and the yelling at me. I thought it was absolutely surprising, and it makes me think they doth protest too much. We had what I would call a rather disappointing question time today and we are pretty used to it from those on that side. The Royal Commissioner— Senator Bushby: If you asked better questions you would get better answers. Senator BILYK: It was the catcalling, more or less. It was the interjections and the completely over-the-top reaction of those on your side, Senator Bushby—through you, Mr Deputy President, to the senator. But the royal commissioner, Mr Dyson Heydon, is another of the Prime Minister's captain's picks. According to the Guide to Judicial Conduct, published for the Council of Chief Justices Australia and New Zealand: Although active participation in or membership of a political party before appointment would not of itself justify allegations of judicial bias or an appearance of bias, it is expected that a judge on appointment will sever all ties with political parties. An appearance of continuing ties such as might occur by attendance at political gatherings, political fundraising events or through contribution to a political party, should be avoided. While those opposite seek to defend the trade union royal commissioner and his continued role I would like to cite some other advice given by a very senior legal figure as to why Justice Heydon should disqualify himself. In 2002 this figure said: The law compels judges who have such a bias or may reasonably be thought to have such a bias to disqualify themselves (from sitting on cases). In 2011 the same person wrote, 'the appearance of departure from neutrality is a ground of disqualification'. And you know who wrote that? Dyson Heydon himself wrote that. The DEPUTY PRESIDENT: Senator Fawcett on a point of order. Senator Fawcett: I rise on a point of order regarding standing order 193—reflections on members. I want to point out the inaccuracy of the reflection of the senator opposite saying that I have never raised my voice in this place regarding submarine construction in South Australia. In more than a dozen speeches here as well as opinion pieces, members opposite well know, I am a strong advocate, and I seek her to withdraw and correct the record— The DEPUTY PRESIDENT: There is no point of order. If you claim to have been misrepresented there are abilities to correct that and it is not up to the chair to determine the truth or otherwise or accuracy of what other senators may say in this place. Senator BILYK: Obviously today I am upsetting a few people over there— Senator Abetz interjecting— Senator BILYK: Just hitting a few nails on the head I think, Senator Abetz. That advice came from Dyson Heydon himself— (Time expired) Question agreed to.