Faulkner, Sen John

Senator FAULKNER (New South Wales) (18:50): I move: That the Senate take note of the document. It is now widely known that the former Commonwealth Ombudsman, Mr Allan Asher, in whose name most of these reports under section 486O of the Migration Act stand, developed serious concerns about the resources available to his office to investigate such matters. I note with particular interest the Ombudsman's assessment and recommendations in report 643/11 of 5 September 2011, paragraphs 25 to 31; report 652/11 of 5 September 2011; and, report 654/11 dated 20 September 2011. I have no concerns about a statutory office holder making such matters public. I have no concerns about a statutory office holder questioning or criticising government policy, and I have no concerns about a statutory office holder mounting a robust case for greater resources. I have seen suggestions that the government found Mr Asher's criticisms in his role as Immigration Ombudsman unacceptable. For the record, I could not care less about Mr Asher or any other Commonwealth Ombudsman high­lighting matters that might make a minister uncomfortable or embarrass the government of the day. I am one who will defend the right of any Ombudsman to report on their concerns with absolute frankness, in unvarnished truth, however disturbing such views may be to a government or any office holder in government. But I also believe the public and the parliament are entitled to expect the highest standards of behaviour from the Ombudsman and his office. When Mr Asher appeared at Senate estimates two weeks ago, I asked him questions about his role in writing questions and providing them to a senator for the budget estimates round this year. I asked Mr Asher: Do you think that an integrity agency such as the Ombudsman should set an example, should have the highest standards in government? Mr Asher responded: Yes, it should. I then asked: Have you met those highest standards? Mr Asher: I think this was clearly an error in judgment. It was clearly a mistake. It is important for us to acknowledge that Mr Asher said to the Senate Finance and Public Administration Legislation Committee that he considered his actions to be an error of judgment and a mistake. He apologised to the committee and said it would never happen again. As I am sure all senators are aware, Mr Asher has since resigned—a decision he made and a course of action he was not questioned about. Nor was it suggested to him at Senate estimates. It was not suggested that might be an appropriate course of action. It is my intention to address some important issues surrounding these events when further opportunities allow in the Senate's very full program. I seek leave to continue my remarks. Leave granted; debate adjourned.