Yesterday’s Senate censure of Attorney-General George Brandis for his treatment of Human Rights Commission President Gillian Triggs, has no direct constitutional or legal consequences. It is important, however, that the censure motion is on record as an example of attempts to bully into silence the head of a statutory authority the Attorney-General is obliged, in his job description, to defend against malicious attack.
If the government of the day is dissatisfied with the performance of the head of a statutory body there are presumably procedures in place to deal with that situation. I doubt very much that one of them is instigating personal public attacks. At the very least, the Attorney-General should be aware of the proper way to go about addressing perceived performance failures, and follow those guidelines.
Professor Triggs was entitled to natural justice. Instead she was subjected to an appalling attack by the very person who is obliged to ensure her right to natural justice is honoured. This alone is just cause for censuring the Attorney-General, who could not have more blatantly failed to carry out his duties.
An Attorney-General who behaves in such a manner has gone rogue. He is not upholding the principles and duties of his office. He is making up the rules as he goes along. He is supported absolutely in his feral abrogation by his Prime Minister, Tony Abbott.
This is our problem. It isn’t Gillian Triggs. It’s a government that has scant regard for any statutory body, any procedure, any law that doesn’t suit their ideological ambitions. The HRC is an anathema to the Abbott government, not least because one of the Commission’s responsibilities is to monitor and report on the actions of that government. What better way to demoralise and disempower the HRC than to publicly and ferociously go after its head?