Albanese ‘resolute’ over Setka expulsion after court decision

Labor leader determined to remove union boss from party after court refuses to intervene over expulsion.

John Setka arrives at the Melbourne Magistrate court with his wife Emma Walters for an earlier hearing. Picture: David Crosling

Anthony Albanese has vowed to pursue the removal of John Setka from the ALP after the Victorian construction union leader failed to win a Supreme Court injunction to prevent his expulsion by Labor’s national executive.

But how Mr Albanese achieves his goal has been complicated by yesterday’s court decision that found the national executive’s power to expel Mr Setka is subject to it complying with preconditions set out in the party’s Victorian branch rules.

Mr Albanese has said the conduct of Mr Setka was bringing the entire Labor Party into disrepute and he must be expelled to end the reputational damage being done.

He argued the harm to the ALP had been caused by the cumulative effect of Mr Setka’s conduct over the past few years, citing a number of expletive-laden outbursts and public attacks by the unionist.

But Supreme Court judge Peter Riordan said the ALP ­national executive did not have an unlimited right to expel members and its expulsion powers were subject to compliance with preconditions set out in rule 20 of the Victorian branch rules.

Rule 20 states the branch’s disputes tribunal can expel a member for offences including branch-stacking, disloyalty to the party, publicly ­attacking the party or failure to comply with the nat­ional constitution, party platform, a state conference decision or a resolution of the state administrative committee.

Justice Riordan said the intention of the party’s rules was that an expulsion should be carried out by state branches, but he said Mr Setka’s lawyers had conceded the national executive “may stand in the shoes” of the disputes tribunal and determine the expulsion.

Lawyers for Mr Setka were last night continuing to examine the judgment and had not declared whether they would seek to ­appeal the decision.

Mr Albanese seized on a report in The Weekend Australian on Saturday that revealed details of a document containing a large number of allegations against Mr Setka related to the harassment of his wife, Emma Walters, including one claiming he said: “I’ve got a piece, I’ll put it to your head.”

He said the ALP took domestic violence seriously and the “serious allegations” revealed in the article reinforced the further damage being done by any association between Mr Setka and the ALP. Mr Setka pleaded guilty in June to a charge of breaching a court order and another of harassing a woman by text messages. Ms Walters identified herself as the victim.

“We recognise that domestic violence is an issue in which ­excuses simply need to stop,’’ Mr Albanese said.

“We need to send messages that they are unacceptable, that there are consequences and that society will say no to domestic ­violence. I’ll continue to pursue Mr Setka’s expulsion from the Labor Party.”

He said Mr Setka did not have automatic leave or right to appeal yesterday’s decision and it was inappropriate for him to use union members’ money to fund further legal challenges.

“I just find it extraordinary that there’d be anyone in the Labor Party who thinks it’s appropriate that John Setka remain a member,’’ he said.

“That it’s OK to condone this behaviour, which is what we would be doing.”