Employment minister forced to correct evidence that no one in her office had notified the media of the police raid • Michaelia Cash and the rogue staffer: when political theatre goes off-script

A staffer of the employment minister, Michaelia Cash, has resigned after Cash was forced to correct evidence in which she wrongly claimed her office had not tipped off the media before the controversial police raids on the Australian Workers’ Union.

Earlier on Wednesday Cash denied that her office had informed journalists of the raid before it was carried out, telling Senate estimates she was not aware of Tuesday’s raid until she saw it unfold on television.

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Later on Wednesday Buzzfeed reported that journalists from two news outlets, who were not named, said they had been tipped-off by Cash’s office an hour before the raid, in direct contradiction to Cash’s earlier evidence.

Asked in estimates whether she stood by her earlier evidence given the story, Cash said she would “not comment on stories from Buzzfeed that I have not yet read but, yes, I stand by my previous evidence and I’ve said it to you on several occasions”.

After the dinner break, Cash made a statement revealing that without her knowledge one staff member had received information about a raid “from a media source” which was shared with other outlets. The senior media adviser, David De Garis, came forward and has now resigned.

Labor is calling for Cash’s scalp, declaring she must accept responsibility for the actions of her office.

But Cash denied she had misled the Senate, and said the conduct of De Garis was unauthorised. The minister said she was unaware her staffer had briefed the media and reiterating her evidence that she found out about the raid on TV.

The resignation of the staffer followed mounting political pressure on the government over the conduct of the police raids, with Nick Xenophon having called for an independent inquiry into the leak to the media and Labor characterising the episode as a political witch-hunt.

The police raids and the revival of controversy over AWU donations triggered acrimonious exchanges between the major parties throughout Wednesday.

After a confrontation in question time Labor frustrations boiled over in Senate estimates hearings with allegations the government was filibustering before an appearance by the Registered Organisations Commission.

Controversy over journalists being on-site at the AWU offices before the police raids were carried out began with the Labor frontbencher Anthony Albanese contending Cash’s office “was ringing around media organisations ... telling them that [the police raids] were going to occur” – conduct he characterised as “an extraordinary intervention in the process”.

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A string of Labor frontbenchers lined up from first light on Wednesday to defend the Labor leader, Bill Shorten, and criticise the events of Tuesday afternoon.

Opening question time on Wednesday, Shorten asked the prime minister why at least 25 Australian federal police officers were deployed on a raid of the AWU offices to investigate a 10-year-old political donation when the police force lacked resources to investigate serious drug crimes.

Malcolm Turnbull then rounded on Shorten, asking was he suggesting that “breaches of the law, breaches of union rules should not be investigated because they’re 10 years old?”

“That would be very convenient for the leader of the opposition,” Turnbull said.

The prime minister said Labor had launched a political attack on “the integrity of the Australian federal police” and needed to apologise.

The deputy Labor leader, Tanya Plibersek, asked why “this born-to-rule prime minister was diverting the limited resources of the federal police so that he can attack his political opponents?”

Turnbull said he accepted the “snide barb” from Plibersek but pointed out that he had created jobs and businesses before entering parliament, in contrast to “all of those hereditary union princelings opposite”.

“Not everybody has a privileged ride to power through a union job,” Turnbull said.

Turnbull said the real issue was why the AWU donated $100,000 “of its hardworking members’ union dues” to GetUp – and whether that donation was authorised under union rules.

The prime minister was also questioned about whether Cash had tipped the media off in advance and dead-batted, suggesting to the manager of opposition business, Tony Burke, that Labor should address the questions to her firsthand.

The police raids are associated with an investigation by the Registered Organisations Commission into political donations by the Australian Workers’ Union during the time Shorten led the union, and whether those donations were made in accordance with union rules.

Registered Organisations commissioner, Mark Bielecki, told estimates the investigation was not into Shorten, but rather AWU processes. He said the commission had sought documents voluntarily from the union, but they refused.

The AWU donated $100,000 to GetUp in 2005 and a total of $130,500 in donations to Labor campaigns at the 2007 election, including $25,000 for then national secretary Bill Shorten’s election in Maribyrnong.



The $100,000 donation to GetUp was made up of $50,000 from the AWU national office and $50,000 from the Victorian branch.

On Wednesday the AWU national secretary, Daniel Walton, said: “The AWU national executive met to determine and approve the donations to GetUp and the ALP … Those donations were made to further the interests of AWU members. We stood by them then and stand by them today.”

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In November 2006 the AWU national executive passed a resolution that requests for donations from Labor candidates in the 2007 election “be left in the hands of the national secretary”.

Walton said that resolution was sufficient to meet the AWU’s requirement for authorisation of donations and was “in keeping with previous practices”.

The Victorian secretary, Ben Davis, said he believed the GetUp donation was “made in accordance with rules and objectives of the AWU”.

Walton said the donations were disclosed to the Australian Electoral Commission, producing statements showing the GetUp donations signed by Shorten on 19 January 2007 and then-Victorian secretary Cesar Melhem on in December 2006.

Davis said the AWU had “bragged in [its] journal” about supporting GetUp at the time.

“It’s a matter of public record,” he said. “The fact that we’d give a donation is hardly a shock, especially to Labor candidates including our [then] national secretary [Bill Shorten].”



The Queensland and Victorian branches of the ALP disclosed more than $100,000 in donations from the AWU in 2006-07 and 2007-08.

On Wednesday the federal court began hearing an AWU challenge to the validity of Tuesday’s police raids and seeking to quash the Registered Organisations Commission investigation.

Guardian Australia understands the AWU’s lawyers intend to argue Cash had no power to refer the matter to the commission for investigation.

The court adjourned until Friday after the AFP and the commission agreed not to send or receive information seized in the raid until the case is heard.

Speaking outside the court, AWU legal adviser Josh Bornstein, principal of Maurice Blackburn, said the union’s case was that the warrant was “illegal and that the investigation is also unlawful”.

He said that 32 police had been deployed to investigate “a debate about internal paperwork of unions”.

Earlier, Bornstein said the raids were “an outrageous abuse of power” and the Registered Organisations Commission could have written to the union, or produced a summons, for the documents.

“None of these actions were taken,” Bornstein said. “Instead, a highly orchestrated media strategy was implemented so that television cameras arrived before the AFP to capture the raid and thereby seek to paint the union in the worst possible light.”

On Wednesday the the Registered Organisation Commission revealed in its 2016-17 annual report it was investigating 10 referrals of the AWU Victorian branch from the trade union royal commission.

It said the referrals dealt with “a broad range of possible contraventions, including failing to maintain proper records”.

In November 2016 the ROC started an investigation into alleged breaches by the AWU Victoria branch of obligations to keep a register of members and file financial reports that “give a true and fair view of the financial position and performance” of the union. The report states the investigation is estimated to conclude by November 2017.