(1)   Can the Minister confirm the report in the Canberra Times on 19 July that the new Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, Mr Andrew Metcalf (sic), made the statement that “there was one key message he wanted to pass on to staff and it went to the importance of ensuring that actions were lawful”; if so, why did the Secretary make the statement.

(2)   Did staff of the department believe that they were above the law; if so, does the Minister accept responsibility for that situation.

(1)   The Canberra Times article of 19 July referred to the Secretary, Mr Andrew Metcalfe’s, first email to all staff. In this email, distributed on Monday 18 July, the Secretary said: There is one other key message I want to pass on to you here and now, right at the beginning of my time heading the Department. And that goes to the importance of reassuring ourselves that our actions are lawful. It is the one absolute requirement in a complex decision-making environment… If any of you ever believe that we have not acted lawfully in reaching a decision, in relation to visas or other applications, or in detaining a person or in removing them from Australia, you must personally inform your Overseas Post Manager, State or Territory Director or Branch Head in Central Office immediately. They in turn must obtain legal advice and, as appropriate, advise both the Minister’s office and myself or the relevant Deputy Secretary, and take personal responsibility for properly resolving the situations. I cannot stress this requirement too highly. The Secretary has subsequently followed up this email with other all staff communications, outlining the same key message. His intention is to ensure that all staff are aware of the importance of acting legally and understand the procedures for escalating concerns.

(2)   No.