Senator JACINTA COLLINS (Victoria—Parliamentary Secretary for School Education and Workplace Relations) (17:00): This proposal is about the opposition's appalling attempts to interfere in and politicise an independent inquiry by Fair Work Australia into the Health Services Union. Fair Work Australia is currently investigating possible irregularities in the financial accounts of the Health Services Union. These investigations are ongoing and, I stress, completely independent from the government. I find it entirely inappropriate that the Senate is debating an ongoing investigation by an independent authority and that the opposition is labelling it a debacle. It follows opposition attempts in estimates to pre-empt and compromise an appropriate outcome by exposing details of the investigation. It would be entirely inappropriate for the parliament to second-guess Fair Work Australia or to interfere in any way. The allegations being investigated are serious. These are public servants—professionals—trying to do a job which can only be done without political interference. The government recognises that it is important that unions and employer organisations remain accountable to their membership for how the funds of the organisations are expended. These are important matters. But I stress that the provisions in the Fair Work Act remain the same as those which were introduced under the current Leader of the Opposition, Tony Abbott. There are financial reporting requirements set out the Fair Work (Registered Organisations) Act 2009. These are modelled closely on laws applying to company directors in corporations law and are the same now as they were when introduced by Tony Abbott when he was the minister for workplace relations. Let us be clear here: these laws are the same as the laws of the coalition. On another matter of consistency, I note the former Prime Minister John Howard's attitudes to similar matters. When he was questioned regarding three MPs facing investigation back in 2007 by the AFP, his response was: A lot of people who are under investigation end up having nothing to answer for. It is a police investigation and the appropriate thing for me to do is to let the police investigation run its course and then, if it is appropriate, I will have something to say. The opposition's actions here are quite absurd. One day they baselessly accuse the government of interference, and the next day they demand intervention. On the matter of interference, the government has nothing to hide. There has been no interference in any way by the government in this matter. A detailed account has been given which the coalition has chosen to ignore. If the opposition has any evidence backing up their claims they should provide it, not simply refer to one person or another. Senator Brandis interjecting— The ACTING DEPUTY PRESIDENT ( Senator Pratt ): Order, Senator Brandis! Senator JACINTA COLLINS: If you have evidence, you should provide it rather than recycle old claims. At the moment all we see are baseless and recycled allegations. Fair Work Australia officials were examined through Senate estimates processes, and, as recently as December last year, they confirmed there had only been two contacts, neither of which could possibly be construed as inappropriate interference. The first of these contacts was detailed in Senate estimates back in April 2010. The opposition alleged inappropriate contact between Fair Work Australia and the government. I refer you to Senator Arbib's explanation in the Senate of 13 May 2010 on page 3192 which details and explains that no inappropriate information concerning the investigation was conveyed to the minister or to the office of the Prime Minister. The only other communication between Fair Work Australia and the government has also been explained. Fair Work Australia was contacted by a ministerial media adviser following inquiries about the accuracy of a Channel 7 news report back in August last year. In October last year, the minister provided a detailed explanation of these events to a Senate estimates hearing. This information was also provided to the opposition in answers to questions on notice, but again they recycled old and dealt-with allegations. It is entirely reasonable for the staff of ministers to contact relevant agencies for the purpose of establishing facts when responding to issues raised by the media. To suggest otherwise is laughable. The opposition today was seeking that Mr Tim Lee, the former general manager at Fair Work Australia, appear before the Education, Employment and Workplace Relations Legislation Committee. While he was the general manager of Fair Work Australia, Mr Lee was present at a number of Senate estimates hearings and therefore has already answered opposition questions. We have detailed on more than one occasion any communication between the government and Fair Work Australia during Mr Lee's time as general manager. There is now an acting general manager who is available to answer questions at estimates. Let us make today's stunt very clear: Senator Abetz made no case at all for his motion. It had not even been addressed by the Senate committee. It was simply a timely stunt. The opposition's claims overall are similar: they are simply bizarre. As stated previously, they have criticised the government for interfering while also demanding intervention on timing or intervention on the public release of the report. Let me deal with the issue of timing. I appreciate that the investigation involving the HSU has been long-running—although it has not been three years, as Senator Abetz exaggerates—but it is important that Fair Work Australia be allowed to conduct a thorough investigation free from interference and commentary. When Fair Work Australia investigations into the Health Services Union matter are complete, the investigating officer will deliver their final reports to the general manager of Fair Work Australia. The time frame within which this will occur is— Opposition senators interjecting— The ACTING DEPUTY PRESIDENT: Order! There is a conversation going on to the left of me that is a little bit too loud. Senator JACINTA COLLINS: When the investigation is finalised, the report will be given to the general manager of Fair Work Australia. This is entirely a matter for Fair Work Australia. I note that they released a public statement on 27 January to confirm that the investigation was nearing its conclusion. In answer to the questions about incompetence, I highlight that this is a complex investigation about the financial reporting of a large organisation. Fair Work Australia has publicly said there are over 6,000 documents involved. We know that other independent investigatory agencies, such as the ATO and ASIC, have on occasion taken long periods to work through complex investigations. I turn now to the question of the release of the report. It is for Fair Work Australia to decide whether its report should be made public based on proper administrative law principles. Fair Work Australia will no doubt consider all relevant legal matters in deciding whether to release its report and whether such a release may be prejudicial to any further proceedings. Although there may be an expectation that Fair Work Australia's investigation will lead to sanctions for any individuals who have been found to have misused union funds, such sanctions may flow from related criminal investigations conducted by the police. Doesn't the opposition realise they could potentially prejudice this case if Fair Work Australia's investigation leads to a criminal investigation? Is this what you really want? The principle of natural justice requires that a fair and proper procedure be used when making a decision. It is entirely appropriate for an independent authority such as Fair Work Australia to be able to conduct their investigations free of political pressure. They are an independent authority and should be allowed to conduct their investigation accordingly. It is time that the opposition stopped grandstanding on this matter and let Fair Work Australia do their job. It is appropriate to let this investigation conclude. The opposition should stop throwing mud and instead focus on what is important to the Australian public.