Des Houghton: NPAQ boss questions QIRC deputy on political alignment

Following claims of a “love triangle” between Labor, its unions and the QIRC, a judge has been quizzed about any political affiliations.

Nurses’ Professional Association of Queensland president Margaret Gilbert

A union president has asked a judge if she has been a member of the ALP or a donor to the party before she decides an appeal involving her union.

Margaret Gilbert, the president of the Nurses’ Professional Association of Queensland, has asked the deputy president of the Queensland Industrial Relations Commission Catherine Hartigan a series of questions on her background.

Her unaligned union has been under attack by the Queensland Labor government and described in Parliament as a fake union – even though it has represented its members in hundreds of cases before the QIRC, with hundreds more still to be dealt with.

While not questioning the deputy president’s judicial impartiality, Gilbert said she was prompted to write to Hartigan after accusations were made by the Opposition in Parliament of a political “love triangle” between the ALP, the Labor unions and the QIRC.

QIRC deputy president Catherine Hartigan

“My members want to be assured that even though like all judicial officers you have sworn an oath to be impartial, and we are not suggesting you are not, there can be no possibility of a perceived conflict of interest in this matter of crucial public interest,” she wrote.

“To put their minds at rest may I respectively ask you to disclose whether you have ever been a member of the ALP or another party or political association.

“Have you ever donated funds to the ALP or another political party? Have you ever worked for a firm or organisation that has represented a trade union with links to the ALP; or any union that has contributed funding to the ALP, either directly or indirectly? Have you as a barrister or solicitor represented the State Government? Have you ever done any pro bono work for the ALP or trade unions?’’

She also asked whether Hartigan had “ever socialised with members of the ALP (and) union leaders who contribute funding or other support to the ALP”.

“Please forgive the directness of my questions but I think you will agree that none of them are irrelevant to my members when forming clear perceptions about the independence of the QIRC.”

Hartigan was handed the case after QIRC president Justice Peter Davis recused himself.

The extraordinary move followed a bitter debate in Parliament where Davis’ impartiality was questioned and his links to the ALP revealed.

In her letter, Gilbert stressed she was making no adverse reflections on Hartigan’s character or impartiality.

However, she did complain over the time the QIRC was taking to finalise her case.

She reminded Hartigan of Justice Davis’ pledge upon his appointment that no decision should take longer than three months.

Justice Peter Davis

“We believe transparency, fairness, neutrality and timeliness are the very core of an independent judiciary,” she said.

“We note that not only did deputy president Dan O’Connor take nearly 10 months to deliver his original decision, but the appeal of the decision heard by Justice Davis had taken over 12 months before he finally recused himself.

“We would like to respectfully point out that now that you have been appointed to continue the appeal, we are now in the fifth month from Justice Davis’s recusal.

“This matter goes directly to the potential future funding of the ALP. No future government appointment, judicial or otherwise will be immune from the consequences of this decision.’’

Gilbert added: “I stress I am making no personal reflection on your role nor prejudging your response to (my) questions. “However, this matter is of
grave importance to us, and we
seek clarity.”

A media spokesperson at the Office of Industrial Relations said the deputy president was still considering a response to a series of questions from The Courier-Mail.

Des Houghton, a former editor of The Courier-Mail, Sunday Mail and Sunday Sun, is a media consultant who has previously worked as a media adviser for the NPAQ