Scott Morrison’s PMO knew of serious David Van allegations

Allegations against disgraced senator David Van prompted a review of standards of conduct at the highest level of the defence force, but they’ve been kept secret until now.

Senator David Van and NSW Senator Hollie Hughes talk with ADF members in the Middle East in 2021.

Scott Morrison’s office took no ­action after being notified of an extensive defence force investigation into allegations of inappropriate behaviour by former Liberal senator David Van while he was on an ADF parliamentary program voyage in July 2021.

In late 2022, Defence released 136 pages of documents detailing the high-level investigation, following a freedom of information request, but Senator Van’s name and the details of his alleged misbehaviour were redacted.

Multiple sources aware of the investigation at the time have confirmed to The Weekend Australian it was Senator Van at the centre of the allegations, which the documents say involved “offensive and belittling” behaviour.

One of the documents, signed by Vice Chief of the Defence Force David Johnston AO, notes that at the completion of a “fact-finding” investigation into the alleged incident, and the completion of a Defence Incident Record, the matter was referred to the chief of staff of ADF headquarters.

Vice Admiral Johnston’s memo states the ADFHQ CoS then referred the allegations to the office of then defence minister Peter Dutton, “as the ADF has no jurisdiction to deal with a complaint … against a member of parliament”.

Multiple sources have confirmed Mr Dutton’s then chief of staff, Craig Maclachlan – now deputy secretary at the Department of Foreign Affairs and Trade – referred the matter on to then prime minister Mr Morrison’s parliamentary and corporate director, John Harris. Mr Dutton’s office declined to comment, but it is understood his staff maintain they did all they could in referring the matter to the PMO.

Neither Mr Maclachlan nor Mr Harris – who now works for Liberal finance spokeswoman Jane Hume – responded to detailed questions. Nor did the office of Mr Morrison, who is understood to be travelling in Europe.

Scott Morrison was in Amalfi, Italy, on Tuesday.

Senator Van was last month accused of inappropriate touching by Liberal former senator Amanda Stoker and former Greens senator Lidia Thorpe. In response, Mr Dutton expelled Senator Van from the Liberal party room, and Senator Van – who denies the allegations – resigned from the party to sit as an independent.

Senator Van has acknowledged he moved parliamentary offices at the request of Mr Morrison’s office in 2021, following complaints from Senator Thorpe. He denies Senator Thorpe’s claims.

The ADF documents show the allegations concerning Senator Van’s behaviour prompted a review of standards of conduct and incident reporting procedures by the office of the Head of Military Strategic Commitments.

They are understood to relate to his conduct while participating alongside naval personnel and youth in the Young Endeavour program, run by the Royal Australian Navy for 16-23-year-olds.

The documents state that during a debrief, multiple people raised allegations that Senator Van had “failed to comply with the code of conduct” and “engaged in … inappropriate behaviour”, details of which have been redacted.

The Weekend Australian has been told by multiple sources of the nature of the alleged behaviour, but has decided not to publish details.

Senator David Van and his wife Nerilee at the Midwinter Ball in Canberra.

A heavily redacted timeline of the alleged incident makes reference to a “range of potential unacceptable behaviour incidents” being identified as a result of the fact-finding process.

An email from the Vice Chief of the Defence Force’s command support branch references both the Review of Parliamentary Workplaces Report by Department of Prime Minister & Cabinet deputy secretary Stephanie Foster, and the Independent Review into Commonwealth Parliamentary Workplaces, then being conducted by Sex Discrimination Commissioner Kate Jenkins.

The email said the Foster review had recommended “an independent complaints mechanism for serious incidents, including allegations of assault, sexual assault, sexual harassment, and serious and systemic bullying or harassment, should be established”.

But it noted: “The allegations we have received do not appear to fall into this ‘category’ of incident.”

Concern is also expressed by ADF personnel in the documents about “the types of questions we will get asked by media and during SE (Senate estimates)”.

Senator Van responded to a request for comment on detailed allegations by referring The Weekend Australian to high-profile defamation lawyer Rebekah Giles, engaged to act on his behalf.

“I deny the conduct alleged in your email occurred and say further that the allegations that I engaged in any of that conduct are utterly false,” Senator Van said in a statement issued via Ms Giles.

Greg Moriarty, Secretary of the Department of Defence, and Vice Chief of the Defence Force Vice Admiral David Johnston chat during estimates in Parliament House, Canberra, in 2020. Picture: NCA NewsWire/Gary Ramage

A spokesperson said the Defence Department was “aware of an allegation a parliamentarian acted inappropriately while participating in an ADF Parliamentary Program activity in July 2021”.

“Defence takes its responsibilities for protecting all participants of Defence-led activities very seriously and has a number of mechanisms to report and manage allegations of unacceptable or inappropriate behaviour,” the spokesperson said.

“Due to privacy obligations Defence is unable to provide any further comment.”

Amid the investigation into his behaviour in October 2021, Senator Van used a Senate Estimates hearing to thank the Navy for the hospitality they showed him and South Australian Liberal senator David Fawcett during the voyage.

“I just want to join with Senator Fawcett and give my thanks to the Navy. I was lucky to join him on the Young Endeavour. It was such a wonderful experience, and my thanks go to you and the VCDF for putting on the ADFPP program. And thanks to the crew of the Young Endeavour,” Senator Van told then Navy chief Vice Admiral Michael Noonan.

The defence documents also note that the incident involving Senator Van was “unfortunately not a first” — presumably in reference to then Assistant Roads Minister Scott Buchholz being forced to apologise following a complaint about an unsolicited hug of a female soldier during an ADF Parliamentary Program exercise in 2018.

“The last one was problematic so I need to ensure Defence has an agreed process/lead moving forward,” the ADF email stated.

Nine Newspapers last week reported that Senator Van had billed taxpayers for accommodation in the Whitsundays while he was on board the all-expenses-paid voyage, as part of an $8000 trip to Queensland.