Tasmanian Labor leader David O’Byrne stands aside over allegations of inappropriate conduct

Tasmanian Labor leader David O’Byrne has apologised and stood aside pending an investigation into claims of inappropriate conduct.

Tasmanian Labor leader David O'Byrne steps aside while investigations into sexual harassment claims are completed. Picture: Nikki Davis-Jones

Tasmanian Labor leader David O’Byrne – who has stood aside pending an investigation into allegations he sexually harassed a young union employee – is expected to face further complaints, sources have told The Australian.

Elected leader only a fortnight ago, Mr O’Byrne acknowledged his behaviour in relation to an employee of the union he led in 2007-08 “did not meet the standards I would expect of myself”.

The woman, understood to have made her complaint to the ALP’s national executive in recent weeks, alleged Mr O’Byrne sent her “sexually suggestive” text messages and twice kissed her without her consent.

Mr O’Byrne did not deny the woman’s allegations but said he understood the contact – when he was Tasmanian secretary of the Liquor, Hospitality and Miscellaneous Union, had been consensual. “At the time of the reported events, I genuinely believed the kiss and the text exchanges to be consensual,” he said.

“However, I now understand that this was not the case.

“This matter has caused me to reflect deeply on the nature of consent and I have come to appreciate why the person concerned says our interaction was not consensual. I have written to her to offer my unreserved apology for the unwanted contact and texts … I will be standing aside as Opposition Leader today for the duration of the investigation into this matter.”

The father of two teenage daughters said he also acknowledged that he had “let down my wife and family”.

The woman’s claims have been referred by the national executive to the party’s state branch, which sources said was appointing an independent investigator. Sources say further separate complaints about Mr O’Byrne’s past conduct were expected to be made.

A junior office worker with the LHMU at the time of the alleged conduct, the current complainant alleges Mr O’Byrne sent her “sexually suggestive, vulgar and unwanted sexual text messages”, and twice kissed her, without consent.

She further alleges that after she urged Mr O’Byrne to stop his conduct, she was given a warning about her work performance.

“I felt it was nothing to do with my performance and everything to do with me not succumbing to the ongoing advances of David towards me, and my recent message telling him to stop … the sexually inappropriate messages,” she alleges.

“During this meeting and up until my resignation, David’s behaviour and attitude towards me was very different.

“He didn’t talk to me much, he was rude or short with me and treated me differently to the others, but now in a negative and sometimes nasty way, rather than the favourable tone he had used previously.”

In her statement, the woman – who does not wish to be named – said she had not come forward sooner for fear of not being believed, and had been “emboldened” to “finally stand up” by the actions of Brittany Higgins and Grace Tame.

Sources said the woman was not in politics but was a member of Labor’s Right faction. She claims to have witnesses to Mr O’Byrne’s alleged behaviour. She quit the LHMU to work with the Health and Community Services Union and it is understood a union colleague from that time has made a supporting statement.

It is understood to confirm the woman disclosed her concerns about Mr O’Byrne’s conduct and was at times “distraught” about the alleged events.

Several sources played down any direct link between the complaint and factional upheaval and internal divisions within the party.

However, sources confirmed HACSU had in recent weeks effectively quit the Left faction after falling out with other key players, including to some extent Mr O’Byrne.

HACSU, a key force in the Left, backed Mr O’Byrne for the leadership but is understood to have been angered by his recent call for state party president Ben McGregor to stand down while being investigated for sending “vulgar” text messages to a woman.

Some in the Right faction – as well as unaligned figures – have been pushing for national executive intervention in the state party, to rein in the power of HACSU and other elements of what they term the “hard left”.

The national executive has already taken oversight of a review of the party’s May 1 state election loss and governance issues.

Sources said calls for wholesale federal intervention would grow if the investigation into Mr O’Byrne was mishandled.

It was unclear if Mr O’Byrne would remain leader-in-suspension. Some vowed he would fight to clear his name, but others suggested he should permanently surrender the leadership to avoid further damaging the party.

His deputy, Anita Dow is to serve as acting leader, pending the inquiry outcome or further developments.