The PRESIDENT (Senator the Hon. Slade Brockman ) took the chair at 10:00, read prayers and made an acknowledgement of country.
That the Senate expresses its sadness at the death, on 10 March 2022, of Senator Kimberley Jane Elizabeth Kitching, Senator for Victoria, places on record its gratitude for her service to the Parliament and the nation, and tenders its deep sympathy to her family in their bereavement.
And to the love and favour of my country I com mit myself, my person and the cause.
She was a person who cared about justice in a profound way. I've worked with many politicians who do things for different reasons, but Kimberley did what she did because of conviction and deep dislike of injustice.
I have highlighted just one of Kimberley's qualities—her intelligence. That is a quality not necessary for a politician, but at a time beset by complex political problems—how to combat authoritarianism, climate change, corporate greed and so on—it surely helps. I was born under Ben Chifley and have encountered every Prime Minister since—it is my opinion that the present incumbent is the least intelligent of them all. When he is replaced by Albo and his team, it is truly sad that Senator Kitching will not be among them.
It is time to decide what kind of parliament we will be. Will we live down to the cynicism of the community about politicians, or will we show leadership in challenging days?
… … …
It is time to decide what kind of country we are. Will we shirk the decisions that face us, or will we once again rise to the moment and choose what is hard, what is complex, what is right?
It is our responsibility to lead that discussion and win that fight, to carry on the work of building an exceptional Australia—a nation and a future worthy of the people who call this great country home.
… I also believe that our duty as elected representatives is to check and limit the inexorable growth of the state and of the taxes that sustain the state. Those taxes come from real people, real pay packets, real families, and they must never be wasted or raised unnecessarily. This vision lies at the core of Australian exceptionalism.
Australia is not exceptional because we have been divinely mandated, or because of some inherent quality unasked and unearned; Australia is exceptional precisely because generations of Australians have made hard choices and hard sacrifices. In a time of global change and uncertainty at home, we are called once again to choose: to choose an economy that creates good jobs with fair pay and decent conditions, to choose a society where opportunity is earned not inherited, and to choose a future that embraces and enhances Australia's exceptionalism.
Australia's a country that's completely on the other side of the world and for years I'd been trying to get things going, and I couldn't get any traction at all. And the moment I met Kimberley on Zoom, everything started to happen.
Being a part of those reforms, sharing in their creation, is the dream of all those attracted to public life. It is very much my dream too.
Kimberley was a brave justice warrior who never stood down or was intimidated by the evil regimes she advocated against.
It is our responsibility to lead that discussion and win that fight, to carry on the work of building an exceptional Australia … And from this day forward I pledge myself and my service to that high and noble task. It is a task I take up from this moment forward. I do not shy away from this high goal to secure an exceptional future for Australia.
She understood—in the marrow of her bones—that the people who count on Labor count, above all, on Labor government.
So I know if she were here with us still all her energy and activism and enthusiasm and the powerful force of her personality would have been dedicated to a Labor victory in May.
The accidents of life separate us from our dearest friends, but let us not despair. God is like a looking glass in which souls see each other. The more we are united to Him by love, the nearer we are to those who belong to Him.
I am mindful and deeply humbled that only 591 Australians have ever served in the Senate. I am mindful that so much that is great about this nation comes from rising to meet challenges.
God gave us boundless plains to share, and mostly that is what we have done. We have shared. While other nations struggle with diversity, we have excelled and bloomed because of it. Our future prosperity is deeply connected with the huge benefits, in terms of trade and investment, that diversity brings. Diversity is central to our competitive advantage.
In this parliament, we must proudly make the case for Australian exceptionalism. Australia is not exceptional because we have been divinely mandated, or because of some inherent quality unasked and unearned; Australia is exceptional precisely because generations of Australians have made hard choices and hard sacrifices.
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I do not shy away from this high goal to secure an exceptional future for Australia. I rely on an old inspiring quote: 'And to the love and favour of my country I commit myself, my person and the cause.'
"Losing Kimberley is a terrible tragedy for her family, her friends, Australia and the world …
"Kimberley was a brave justice warrior who never stood down or was intimidated by the evil regimes she advocated against.
"She deeply believed in justice and truth and was ready to take risks to help the dispossessed.
Some might think that local government is the lowest form of government; I prefer to think of it as the nearest.
The question quis custodiet ipsos custodes—'who will guard the guards themselves'—is clearly an important one.
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.
For the second time in the life of this 46th Parliament, we mourn the death of a senator in office.
It is also the second time in my parliamentary career that I have had to mourn the death in office of a Victorian Labor senator. The first was the late Olive Zakharov, who died in 1995.
I begin by saying about our former colleague Kimberley Kitching what I said about our former colleague Alex Gallacher:
"The longer I serve in this place, the more I appreciate how you can come to see people differently .
"A life in politics can be very isolating. You have many acquaintances but few friends."
I was privileged to call both Kimberley and Alex friends.
Kimberley was also a neighbour. She and her husband Andrew lived in my home suburb of Pascoe Vale in Melbourne. We spoke often.
Kimberley and I, like Alex and I, came from different parts of the Labor Party.
But that didn't matter.
We shared a conviction that the role of the Labor Party is to build a fairer and more prosperous Australia.
And we shared an understanding about the importance of the Senate in holding executive government to account, especially through the committee system.
Unlike Alex, Kimberley served only a single term in this place.
And her untimely death has made her a media sensation in a way that he never was.
The spate of media stories continues.
Some of those stories have been driven by malice, because some commentators have taken a position on what they imagine to be happening within the Labor Party.
But their comments have indicated that they are not well informed, about either the Labor Party or about Kimberley.
I have been mentioned in some of those comments, because speculation about my future in this place became intertwined with speculation about hers.
It would not be appropriate to engage further with that commentary here.
I will say only what I have already said ina committee hearing, which happened to be the first Senate proceeding after her tragic death from a suspected heart attack.
I am sure that the stresses of this this job must have at least contributed to her death.
Anyone interested in industrial matters knows that workplace stress affects health.
I have been a senator for 29 years now, and I have seen how people here and in the other place have to cope with stress, sometimes in extreme circumstances.
Some level of stress is, of course, inseparable from the job.
It is part of representing the people who elect us, which is no easy burden if we are doing the job properly.
But many people do not realise just how tough a life in politics can be.
It is not enough to say that you just have to cop whatever is served up to you.
How we treat each other in this place matters, and we need to understand that our words and actions can affect people deeply.
The isolation sometimes forced upon people can do more damage than we know.
We should all bear that in mind in our interactions with each other.
The circumstances of Kimberley's death have taught that lesson, if any of us needed to learn it, in a harsh and tragic way.
But it is not only the tragedy of someone being taken too soon that we acknowledge here.
We record our appreciation of a colleague who was bright, well-informed, determined and hardworking.
Those qualities were evident before she entered the Parliament, especially in her work as a trade union official.
She pursued her commitment to this country in a highly effective manner.
It is a great loss to Australia that she cannot continue to do so. You don't have to share all of Kimberley's views to recognise that.
She and I certainly did not agree on everything, but that did not prevent me admiring her talent, her sincerity and her integrity.
In that regard, I want to note that one of the things that has been said about Kimberley is the number of friendships she made across the aisle.
In some quarters that has been used as a reproach.
It should not be. We all have friends outside our own parties.
That is how it should be if we are using our time here fruitfully.
And I have no doubt that Kimberley's passing is not only mourned by her Labor and trade union colleagues.
I offer my deepest condolences to her husband Andrew and their family.
Rest in peace, Kimberley.
Mr President, I cannot say I have known Kimberley for as long as many people in this room.
We first met when I was sworn into the Senate in 2019, and I was instantly captured by her warmth, wit and intelligence. Kimberley was captivating.
I enjoyed her company from the beginning, but it wasn't until I was preparing for the arrival of my daughter Zara that we became friends.
I was serving on nine committees at the time. In order to spend a few precious months with my newborn daughter, I needed to find colleagues to take on the work in my absence.
Kimberley was enthusiastic and willing to take on the most complex and work intensive committees on my behalf. She was excited, even. She was keen to get across the brief, across the mission, and to support the work the Chair and myself had already put in. Most importantly, she reassured me and comforted me that it was okay to take the leave, that I could rely on her.
That started the beginning of the opportunities I had to get to know Kimberley better.
To work with her on committees.
To share a glass of wine.
To celebrate successes, especially her work towards the Magnitsky laws, her incredible legacy to human rights in our world.
And, so importantly to me, to provide support when things were tough.
On one tough day for me, Kimberley was quick to the phone, to offer not just sympathy, but strategy.
It took me by surprise, but in that moment, I saw a glimpse of what an incredible ally she could be to those she cared about.
I know for her closest friends, that ferocity, that loyalty, those qualities of a lioness, will be irreplaceable. I feel lucky to have witnessed it.
I hope Kimberley felt that when things were tough, she had a friend in me too.
I will miss Kimberley. Her cheeky smile, her warm demeanour, that sparkle in her eye. The chats which could range from the need to defend human rights to Senatorial Sartorial style!
I will continue to admire her—for her work ethic, her tenacity, her dedication to the values and ideals she believed in.
And I know she will leavea legacy both here, and around the world. She does so because she always worked with purpose.
And that is something that should inspire and encourage us all.
I want to express my condolences to Kimberley's staff. We all know in this place that the relationship we have with our staff is an incredibly close one, forged by long hours and the need for a deep trust in one another.
The loss they must be feeling at the sudden and tragic passing of not only their boss, but also a close friend, is surely deep and profound.
I also express my sincere condolences to her deeply loved husband Andrew. May we all take inspiration from your partnership and love .
To Kimberley's family and staff, you have so much to be proud of. I am so verysorry for your loss.
Vale Kimberley Kitching. Your legacy will endure.
Enhanced, in fact. When did you ever see
So much sweet beauty as when fine rain falls
On that small tree
And saturates your brick back garden walls,
So many Amber Rooms and mirror halls?
Ever more lavish as the dusk descends
This glistening illuminates the air.
It never ends.
Whenever the rain comes it will be there,
Beyond my time, but now I take my share.'
I'm sad to be eulogising Alex Gallacher, but I'm also weary of reflecting on so many careers like his: too much time spent in opposition and not enough time … to make real change—all that time, all those missed opportunities, all the good that should have been done and could have been done.
The death of a colleague while they still serve here in the Senate is a reminder to all of us that our time on Earth is limited and that we should never waste a day, or indeed a minute, here.
The world is at a tipping point in the struggle against creeping or, in some places, marching, authoritarianism. In Australia, we live with the benefits of a stable and prosperous democracy. Its superiority over any other model of political and economic organisation may seem self-evident, but this is actually not the case for many people in many parts of the world. Democracy and personal liberty cannot be taken for granted anywhere or at any time. They must be defended and, if I may put it this way, they must be defended aggressively in all of our countries.
This legislation is important. We are a democracy and as a democracy we should stand with other democracies and other like-minded people around the world and say no to the evil that we also see in our world.
I know in my heart that man is good, that what is right will always eventually triumph and there is purpose and worth to each and every life.
Blessed is the one who perseveres under trial because, having stood the test, that person will receive the crown of life that the Lord has promised to those who love him.
For a parliament in which much has been made about the threats of China and the treatment of women … the biggest political victims of the moment were women taking the fight up to the Chinese government.
When we sign up to this job, we sign up for public service, we sign up as service to the Australian public. And so therefore, there is an expectation that in service of the Australian public, we abide by the highest possible conduct and integrity.
A strong and clear message will be sent to lower-ranking officials and criminal thugs that their crimes, whether on behalf of or protected by their superiors, will not be immune from international consequences. This legislation says to them: 'Your stolen money is no good here. No matter how you steal from your people, there will be no shopping trips to Paris, no harbourfront mansions in Sydney, no skiing in Aspen and no nest egg in a Western bank.' Like King Midas, they will have lots of gold but no way to enjoy it.
While … Turnbull now finds himself pretending that the Heydon royal commission was a credible process just to score some cheap political points, on this side of the chamber we know the truth about the Australian union movement. We know the truth, because we have lived it. We have been there and seen it for ourselves.
… some people do not realise the lived experience of those in registered organisations in dealing with the Registered Organisations Commission. They lose documents. They are incompetent as well as malevolent … Mr Enright, in particular, favours some unions over others and plays politics with them in some sort of bizarre power exercise … Mr Enright is as corrupt—and I use that word again deliberately—a public official as I have ever encountered in all of my dealings with government. I'm not suggesting he takes bribes but I certainly suggest that he is drunk on power. He is an abuser of power. He is a thug in a suit.
In this parliament, we must proudly make the case for Australian exceptionalism. Australia is not exceptional because we have been divinely mandated, or because of some inherent quality unasked and unearned; Australia is exceptional precisely because generations of Australians have made hard choices and hard sacrifices.
We are a democracy and as a democracy we should stand with other democracies and other like-minded people around the world and say no to the evil that we also see in our world.
We want and need leaders who are true to themselves, comfortable in their own skin, honest about what they believe and strong enough to have the courage to implement it.
Kimberley Kitching's too early passing left me deeply sad because I miss a great friend. Not long after her passing, I pulled up our WhatsApp chats. They are a constant stream of jokes and laughs. Even though I laughed out loud often while reading them, I couldn't help but feel melancholy because I can't send her another joke now.
Canberra can be a lonely place but is only bearable because of people like Kimberley. She was bubbly, vivacious and always ready to laugh at herself and the absurdity of life as a modern politician. Most of all she was just lots of fun. Laughter was probably invented as a way to get us through the vale of tears that can be life on earth. I miss her deeply and will always miss her.
The outpouring of grief nationally shows that it is not just me but a nation that grieves for having lost her. This reaction is remarkable for a first term Senator and it demonstrates that it's not just what Kimberley did that we are sad for, but how she did it.
If we are ever to restore trust and respect in politicians we need more like Kimberley Kitching. She approached her job as a politician as a true stateswoman. Someone that would steadfastly and honestly fight for the values she believed in. You never felt that you were getting manufactured viewpoints from Kimberley. She spoke from the heart and you did not need to agree with her to respect her integrity and passion.
It has been reported that the Labor leaders office had stopped sending Kimberley the daily talking points, ostensibly because of some disagreement. I am not sure how that would have been any kind of restriction to Kimberley. She thought for herself and spoke for herself.
Kimberley was a steadfast, intelligent and committed Australian patriot. She saw the threats to the freedoms we enjoy. Kimberley was mindful of the risk of war re-emerging, as we see today in Ukraine, and the related pernicious infiltration of Chinese communists into our political parties and institutions. At a time when many among us denigrate our history and achievements, Kimberley defended western traditions and values that have delivered unprecedented individual human opportunity. She fearlessly called out abuses of human rights around the world.
As a free-spirited individual, Kimberley was at times a fish out of water within the Labor party. I don't mean this in a pejorative sense, but Labor has traditionally lent more to collective decision making, rather than permitting the intellectual individual freedom of members.
Kimberley bucked this dogma and angered many of her colleagues by doing so. Just a few months ago she named in Parliament a Chinese individual accused of seeking to bribe Australian politicians. Her action was apparently not approved of within the Labor leadership.
Kimberley openly pushed for Magnitsky laws that strengthen our ability to sanction individuals who have abused human rights overseas. Notwithstanding opposition, Kimberley was successful in getting these laws passed. Thanks to Kimberley we are using her laws today to crackdown on Russian officials and oligarchs involved in the invasion of Ukraine.
When you start as a Senator there is no "how to" guide provided to you. You do not start the day with a list of tasks to do or complete like in some jobs. You have to make your own way. Kimberley's legislative achievements will have a lasting impact on our nation but it is Kimberley's approach that will perhaps leave the most significant impact.
Any aspiring politician should study the career and approach of Kimberley Kitching. She approached her task with commitment, determination, passion and good humour. Hers is the way to succeed and hers is the approach for which there is a demand in the Australian public.
There is a hunger for authentic and honest politics. If we were to be honest, we know that when you put 76 committed Australians together to discuss our laws, you will get different views.
So much of our adolescent political commentary focuses on the trivial differences in opinions, and then generates confected outrage at the so-called disunity within a political party because of them. This then leads to politicians that are robots regurgitating the approved "lines" worked out by faceless men and women in backrooms. Kimberley was no robot.
You get the feeling sometimes that the most dangerous thing in Canberra is a difference of opinion. But we should celebrate different views especially when they are argued with the depth and consideration that Kimberley brought to every discussion.
Kimberley was closer to the American congressional model where it is not unusual for politicians from the same party to vote differently on different issues. Kimberley was a harbinger of a trend and, in her successful development of legislation like the Magnitsky laws, was more like a US Senator than the traditional Australian example.
Someone told me once that the most dangerous politician is the one that has nothing to lose. Kimberley acted with the courage of someone who disregarded personal consequences when she knew it was the right thing to do.
Because she acted with great personal bravery her Senate preselection was under threat, and she had been under great stress in recent months. I have no idea if this contributed to her sad and untimely passing. But the outpouring of respect and love for her over the past week will give confidence to future Parliamentarians that hers is an example to mimic and follow. This will be her greatest political legacy.
As much as I am sad, I cannot begin to understand the sadness that must have overcome her loving husband Andrew, her parents Bill and Leigh and her brother Ben. I know there is a great loss felt with the Australian Labor Party too.
I hope Kimberley's family and friends can take some solace from the genuine respect and admiration for her that her passing has revealed. I did not know Kimberley's parents or husband before her passing, but having seen their beautiful and humble tributes last week, it is clear where she got her personality from.
Andrew gave a beautiful eulogy. Andrew and Kimberley clearly had a special bond. And like all married couples had their ups and downs, but like good marriages the downs seemed to strengthen, not break their bonds.
Kimberley's parents shone through as the humble suburban Brisbane parents whose love clearly helped nurture the inquiring and playful mind of Kimberley that we all knew well.
Kimberley's passing has exposed some of the uglier aspects of politics. We would be naive to believe that we can eradicate such skulduggery completely. It has always been thus with politics since Caesar was a boy. But we can take her passing to reflect on how we act and do more to rectify the impact of our actions on others.
As the beautiful Catholic mass reminded us last week, the first thing we can do is to learn to forgive. I know Kimberley was committed to the beauty and irony of the Catholic Church. A bedrock of the Catholic faith is that we do not seek to create perfection on earth, we just learn how to suffer the inevitability of sin (including our own) with grace and forgiveness. We could do well to apply that lesson here more.
I know that Kimberley will now be in the loving embrace of her creator. I can't WhatsApp her anymore but I can pray. And my prayers are with her, her family and her many friends. Vale Kimberley Kitching.
That, as a mark of respect to the memory of the late Senator Kimberley Kitching, the Senate do now adjourn.