Dutton demands corruption probe over PM’s Qantas upgrades. Experts say it’s fanciful

Opposition Leader Peter Dutton has called on Prime Minister Anthony Albanese to refer himself to the corruption watchdog over his Qantas flight upgrades, but experts dismissed the idea as fanciful despite their concerns about the benefits.

Albanese went on the offensive on Tuesday in a bid to end days of media attention on his ties to former Qantas chief Alan Joyce, admitting he spoke to the airline boss about promotional flights with fellow passengers including Liberal frontbenchers and journalists.

But he would not say whether he called Joyce about other flight upgrades and instead tried to turn attention to Dutton’s personal investments, family trust and close ties to billionaire Gina Rinehart, who has hosted the opposition leader on her private jet.

The ministerial code of conduct when Albanese was transport minister under Labor governments from 2007 to 2013 said ministers “must not seek or encourage any form of gift in their personal capacity”, but said they could accept hospitality.

The code of conduct in the current government, overseen by Albanese for his ministry, says ministers “must not seek or accept any kind of benefit” for themselves or others in connection with any element of their official duties.

It also says ministers must ensure they do not come under any financial or other obligation to individuals or organisations to a point where they appear to be improperly influenced.

Former NSW Supreme Court judge Anthony Whealy said the information in the public domain so far did not show a clear connection to the prime minister’s official duties.

“So my conclusion is no breach of the ministerial code,” he said, when asked to comment on the code Albanese had set for himself and others.

Barrister Geoffrey Watson, a former counsel assisting the NSW anti-corruption commission, said there was an “arguable” case for a breach of Albanese’s code.

Watson said Dutton would also be in breach if the same code were applied to him and the flights he received from Rinehart’s company, Hancock Prospecting.

“It’s the same sort of thing where you’re taking a benefit from the people who you are potentially regulating,” he said.

“If you’re using the fact that you hold public office as the lever to get these benefits, then that’s obviously a breach.”

Whealy and Watson both dismissed Dutton’s call for a referral to the National Anti-Corruption Commission, saying in separate interviews it did not meet that threshold.

“There is a strong ethical point in all this, but it is fanciful to suggest that, without more, it is corrupt conduct,” Whealy said.

“Even with the wide definition of corruption, the receipt of these benefits would not come close to enabling a NACC investigation.”

Watson said: “There’s not enough known to take that serious step. And if Dutton thinks that, he should refer himself.”

Watson, a director of the Centre for Public Integrity, and Whealy, the not-for-profit’s chairman, both cautioned they could only offer a view on the assertions made over the past week.

An extract of The Chairman’s Lounge by Joe Aston, published in Good Weekend on Saturday, said Albanese had received at least 22 free Qantas upgrades over the past decade, and that he liaised directly with Joyce over upgrades.

Albanese admitted he spoke to Joyce about some flights but said the two non-commercial trips had also included Liberal ministers and media companies. One was an Emirates flight to Dubai to mark an agreement with Qantas, and another was the first non-stop Qantas flight from Perth to London.

Author Joe Aston and Prime Minister Anthony Albanese. Credit: Louise Kennerley, Alex Ellinghausen

Albanese said 10 of the 22 upgrades were received during the 2013 Labor leadership ballot when he was contesting the top job against Bill Shorten, and the Australian Labor Party paid for the flights.

Aston also reported personal upgrades for Albanese with Qantas in July 2009, April 2010 and July 2011 when he was transport minister, but did not name a source for his assertion that Albanese called Joyce about upgrades.

The prime minister took a swipe at Aston over the claims, saying he was a former Liberal staffer and had appeared at a Liberal fundraiser several months ago.

“There’s no accusation being made with any specifics at all about any of this – none, none, none,” he said.

“If there is a suggestion to be made, let it be made specifically and I’ll answer it. I have said very clearly that I recall direct discussions with Alan Joyce over the flights – the Emirates flight to Dubai and, of course, the first flight to Perth.”

Dutton said on Tuesday the prime minister should refer himself to the NACC, arguing “there are lots of questions about Mr Albanese’s credibility” and pointing to the government’s 2023 decision to reject Qatar Airways’ bid for more flights to Australia.

But Labor senator Tony Sheldon, a critic of Qantas and former secretary of the Transport Workers’ Union, said the Coalition had protected Qantas when Virgin Australia needed support during the COVID-19 pandemic and when Qantas sacked 1700 staff – a decision that led to an appeal the company lost in the High Court.

Sheldon also said Dutton and Qantas were in “lockstep” on removing the “same job, same pay” workplace law Albanese put in place and Dutton had vowed to repeal.

“The real question is who’s backing who – and quite clearly the Coalition are backing Qantas against working Australians,” Sheldon said.

Labor backbencher Andrew Charlton pointed to Qantas’ decision to ground its fleet in 2011 – a move criticised by Albanese as minister – to argue the Coalition sided with the airline.

The prime minister’s office released a list of flights Dutton had taken as a guest of Rinehart, including one in June 2022 and two in October 2022.

Dutton accepted a Qantas flight upgrade for himself and his wife last December, and 14 other complimentary flights and upgrades over a decade.

Albanese said he did not have a family trust or a share portfolio and sought to contrast this with the opposition leader’s personal interests.

“All of my financial arrangements are completely transparent,” he said.

Aston rejected the claim he had not disclosed his time as a Liberal staffer.

“It is disclosed on the first line of the first page of the book, and has never been a secret,” he said on social media.

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