The Times Australia
Fisher and Paykel Appliances
The Times News

.

Morrison government loses fight for national cabinet secrecy

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra
Morrison government loses fight for national cabinet secrecy

The Morrison government has been dealt a blow with the Administrative Appeals Tribunal ruling national cabinet is not a committee of federal cabinet and therefore is not covered by cabinet confidentiality.

This means its documents are accessible under freedom of information legislation. The federal government had argued that, as a cabinet committee, it was exempt from FOI.

The challenge to national cabinet secrecy was brought by crossbench senator Rex Patrick.

In his judgment, federal court Justice Richard White said: “The mere use of the name ‘National Cabinet’ does not, of itself, have the effect of making a group of persons using the name a ‘committee of the Cabinet’.

"Nor does the mere labelling of a committee as a ‘Cabinet committee’ have that effect.”

White rejected the government’s argument the prime minister had the ability to determine what a cabinet committee was.

“This seemed tantamount to a submission that any committee may be a ‘committee of the Cabinet’ for the purposes of the FOI Act merely because the Prime Minister of the day has purported to establish it as such. This premise is unsound,” White said.

Patrick said the decision was “a decisive win for transparency and accountability”.

He said what Morrison labelled “national cabinet” was a faux cabinet – in effect, the former Council of Australian Governments by another name.

“For almost 40 years Australians have had a legal right under the Freedom of Information Act 1984 to access information relating to intergovernmental meetings, subject only to a test of public harm,” Patrick said.

Morrison had tried to take that right away, he said.

“He did not ask the Parliament to change the law, he just declared that National Cabinet to be part of the Federal Cabinet and as such exempt under the Cabinet secrecy exemption of the FOI Act.

"That arrogant declaration has now been overturned,” Patrick said.

He said this now “opens the vault” including to documents of the Australian Health Protection Principal Committee, which advises national cabinet.

Shadow attorney-general Mark Dreyfus said the ruling rejected what had been a “tricky marketing ploy” by Morrison. The government was “addicted to secrecy”, he said.

The government can appeal the decision. There is a stay of 28 days before it has to hand over to Patrick the documents he sought.

The judgment, unless overturned, will mean the Senate’s COVID committee will be able to seek access to information it has been refused on confidentiality grounds.

An Australia Institute poll done in May found 58% of people supported allowing national cabinet documents to be accessible via FOI requests.

Read more https://theconversation.com/morrison-government-loses-fight-for-national-cabinet-secrecy-165693

Times Magazine

A backlash against AI imagery in ads may have begun as brands promote ‘human-made’

In a wave of new ads, brands like Heineken, Polaroid and Cadbury have started hating on artifici...

Home batteries now four times the size as new installers enter the market

Australians are investing in larger home battery set ups than ever before with data showing the ...

Q&A with Freya Alexander – the young artist transforming co-working spaces into creative galleries

As the current Artist in Residence at Hub Australia, Freya Alexander is bringing colour and creativi...

This Christmas, Give the Navman Gift That Never Stops Giving – Safety

Protect your loved one’s drives with a Navman Dash Cam.  This Christmas don’t just give – prote...

Yoto now available in Kmart and The Memo, bringing screen-free storytelling to Australian families

Yoto, the kids’ audio platform inspiring creativity and imagination around the world, has launched i...

Kool Car Hire

Turn Your Four-Wheeled Showstopper into Profit (and Stardom) Have you ever found yourself stand...

The Times Features

Transforming Addiction Treatment Marketing Across Australasia & Southeast Asia

In a competitive and highly regulated space like addiction treatment, standing out online is no sm...

Aiper Scuba X1 Robotic Pool Cleaner Review: Powerful Cleaning, Smart Design

If you’re anything like me, the dream is a pool that always looks swimmable without you having to ha...

YepAI Emerges as AI Dark Horse, Launches V3 SuperAgent to Revolutionize E-commerce

November 24, 2025 – YepAI today announced the launch of its V3 SuperAgent, an enhanced AI platf...

What SMEs Should Look For When Choosing a Shared Office in 2026

Small and medium-sized enterprises remain the backbone of Australia’s economy. As of mid-2024, sma...

Anthony Albanese Probably Won’t Lead Labor Into the Next Federal Election — So Who Will?

As Australia edges closer to the next federal election, a quiet but unmistakable shift is rippli...

Top doctors tip into AI medtech capital raise a second time as Aussie start up expands globally

Medow Health AI, an Australian start up developing AI native tools for specialist doctors to  auto...

Record-breaking prize home draw offers Aussies a shot at luxury living

With home ownership slipping out of reach for many Australians, a growing number are snapping up...

Andrew Hastie is one of the few Liberal figures who clearly wants to lead his party

He’s said so himself in a podcast appearance earlier this year, stressing that he has “a desire ...

5 Ways to Protect an Aircraft

Keeping aircraft safe from environmental damage and operational hazards isn't just good practice...