There are calls for an independent inquiry into the allegations against Christian Porter. What is an independent inquiry?
Yesterday, Attorney General Christian Porter revealed himself as the Minister against whom historic allegations of rape had been levelled. Speaking at a press conference, Porter rejected all of the allegations and announced he would neither step aside, nor step down. He also said that he would now be taking mental health leave.
Before we go into what an independent inquiry is, it is important to understand where we're at with police investigations.
NSW Police announced on Tuesday there was "insufficient admissible evidence to proceed" with investigating the case. This was expected given the alleged victim died last year.
The AFP does not have jurisdiction over the matter, and will therefore not investigate the allegations.
An investigation into the death of the woman is ongoing, with the SA Coroner saying yesterday "the investigation is incomplete".
Within this context, many are calling for an independent investigation.
An independent investigation is when a neutral third party (quite often, it's a retired judge) looks at an event and prepares a report. An example of it being used in the past was in the case of Dyson Heydon (a former High Court Justice). Heydon was facing several allegations of sexual harassment by former female associates, and an investigation led by the High Court was launched.
FOR
Supporters of this method say it will allow a transparent process that could independently inquire the allegations, especially given that police cannot investigate in NSW with the alleged victim deceased. They say similar investigations are often run within professional associations, companies and government departments. They also suggest an inquiry would afford Porter due process and uphold procedural fairness.
AGAINST
Critics of this method (including the Government) say the Heydon example is a flawed comparison because a) that was a workplace incident b) that did not follow a police investigation. They say because the NSW Police have closed the case, there should be no further investigation. Some critics suggest pursuing Porter "extra-judicially" (outside judicial system) sets a damaging precedent and means that some people are treated differently before the law.
This is by no means an exhaustive list of the arguments for and against the inquiry. Ultimately, the Prime Minister will be the one who decides whether or not this avenue is explored. When asked yesterday whether there should be an independent inquiry, Christian Porter said it was "a matter for other people to judge". Whatever the outcome, the decisions made around this case will set a significant precedent.
1800RESPECT National Helpline: 1800 737 732
Sexual Assault Crisis Line (VIC): 1800 806 292
NSW Rape Crisis Counselling Service: 1800 424 017
Sexual Assault Counselling Australia: 1800 211 028
Lifeline (24-hour crisis line): 131 114
LGBTIQ+ Violence Service: 1800 497 212