Alan Tudge will not return to his post as education minister, despite a report into allegations made against him by a former staffer finding there was insufficient evidence he breached the ministerial standards.
The prime minister, Scott Morrison, made the announcement on Friday afternoon in a statement and released the findings of the independent inquiry into Tudge’s relationship with his former media adviser Rachelle Miller.
Tudge himself has not ruled out a return to the ministry in future, saying he asked not to be reappointed to the frontbench “before the election”.
Tudge was accused by Miller of being emotionally, and on one occasion physically, abusive towards her during a consensual relationship they had in 2017, while she was a member of his staff. Tudge strenuously denied the allegations, but stood down from the ministry in December while an investigation, headed by respected former public servant Dr Vivienne Thom, was launched into Miller’s allegations.
Miller chose not to participate in the inquiry, claiming the government had ignored her concerns over its terms of reference. She told the Sydney Morning Herald and the Age she believed the investigation “smacks of a political fix”.
Morrison said in a statement that Thom “had found that ‘the evidence considered in this Inquiry does not provide a basis for a finding that Mr Tudge’s conduct breached the Ministerial Standards’.”
“I have accepted her advice,” Morrison said.
However, Morrison said Tudge was “not seeking to return to the frontbench”, citing “the interests of his family and his own wellbeing and in order to focus on his re-election as the Member for Aston”.
Stuart Robert, who has been acting as education minister, will continue in that role.
The Thom report said there had been “conflicting evidence” given by various parties. Thom noted Miller was contacted several times with requests to participate, but declined, so Thom considered the written statement Miller shared in December outlining her claims against Tudge.
In his evidence given to the inquiry, Tudge said he “did not consider this to be a ‘relationship’ in the usual sense of the word”. He claimed he and Miller were only intimate together on four occasions, never spoke about personal matters, and never organised “casual activity” together such as dinner or a walk.
Thom wrote that “there is insufficient evidence to support a finding on the balance of probabilities” as to Miller’s allegations that Tudge bullied or harassed her, that their relationship was emotionally abusive, or that he was physically abusive on a work trip to Kalgoorlie as she claimed.
“I recommend that the evidence considered in this Inquiry does not provide a basis for a finding that Mr Tudge’s conduct breached the Ministerial Standards,” Thom wrote.
However, Thom noted that the ministerial standards “do not specifically address broader integrity and conflict of interest issues that can be a consequence of relationships that do not amount to ongoing or family relationships.”
In the report, Thom discussed a professional “reclassification” Miller had sought, where Tudge “supported a proposal to promote” her. Thom noted Tudge didn’t initiate that request, and that Miller’s promotion was based on merit.
Thom found that “while it might be questionable whether Mr Tudge’s conduct in connection with his support of Ms Miller’s reclassification request was consistent with public expectations of proper conduct, his conduct did not breach Ministerial Standards.”
Several other people employed in Tudge’s office also gave evidence. Employees said they did not experience or witness bullying from Tudge. Several gave evidence that Tudge had treated them with respect.
One described Tudge’s office as “a very stressful, hard-working environment with long hours”, and Tudge as someone who was “demanding and expected high standards and high workloads.” Another said Tudge’s “expectations of staff were no different to any other minister” and described working in his office as a “career highlight”.
Guardian Australia has contacted Miller for comment.
Minutes before Morrison’s office released his statement about the report’s findings, Miller had tweeted “It smells like a perfect day for @ScottMorrisonMP to take out the trash”.
Tudge said he welcomed the findings.
“This is the second inquiry created at the request of Ms Miller and the second time that the allegations have been dismissed,” he said.
“I deeply regret the consensual affair with Ms Miller in the second half of 2017 when both of us were married with children and in our forties. It should never have happened and it has caused hurt to our respective families. It caused the end of my marriage that year.”
Tudge confirmed he had “requested not to be returned to the frontbench before the election”, saying he would focus on his family and electorate.
He has previously confirmed his intention to contest the coming election as the Liberal candidate for Aston.