The Times Australia
Google AI
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

Navman MiVue™ True 4K PRO Surround honest review

If you drive a car, you should have a dashcam. Need convincing? All I ask that you do is search fo...

Australia’s supercomputers are falling behind – and it’s hurting our ability to adapt to climate change

As Earth continues to warm, Australia faces some important decisions. For example, where shou...

Australia’s electric vehicle surge — EVs and hybrids hit record levels

Australians are increasingly embracing electric and hybrid cars, with 2025 shaping up as the str...

Tim Ayres on the AI rollout’s looming ‘bumps and glitches’

The federal government released its National AI Strategy[1] this week, confirming it has dropped...

Seven in Ten Australian Workers Say Employers Are Failing to Prepare Them for AI Future

As artificial intelligence (AI) accelerates across industries, a growing number of Australian work...

Mapping for Trucks: More Than Directions, It’s Optimisation

Daniel Antonello, General Manager Oceania, HERE Technologies At the end of June this year, Hampden ...

The Times Features

Human Rights Day: The Right to Shelter Isn’t Optional

It is World Human Rights Day this week. Across Australia, politicians read declarations and clai...

In awkward timing, government ends energy rebate as it defends Wells’ spendathon

There are two glaring lessons for politicians from the Anika Wells’ entitlements affair. First...

Australia’s Coffee Culture Faces an Afternoon Rethink as New Research Reveals a Surprising Blind Spot

Australia’s celebrated coffee culture may be world‑class in the morning, but new research* sugge...

Reflections invests almost $1 million in Tumut River park to boost regional tourism

Reflections Holidays, the largest adventure holiday park group in New South Wales, has launched ...

Groundbreaking Trial: Fish Oil Slashes Heart Complications in Dialysis Patients

A significant development for patients undergoing dialysis for kidney failure—a group with an except...

Worried after sunscreen recalls? Here’s how to choose a safe one

Most of us know sunscreen is a key way[1] to protect areas of our skin not easily covered by c...

Buying a property soon? What predictions are out there for mortgage interest rates?

As Australians eye the property market, one of the biggest questions is where mortgage interest ...

Last-Minute Christmas Holiday Ideas for Sydney Families

Perfect escapes you can still book — without blowing the budget or travelling too far Christmas...

98 Lygon St Melbourne’s New Mediterranean Hideaway

Brunswick East has just picked up a serious summer upgrade. Neighbourhood favourite 98 Lygon St B...