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

Why Car Enthusiasts Are Turning to Container Shipping for Interstate Moves

Moving across the country requires careful planning and plenty of patience. The scale of domestic ...

What to know if you’re considering an EV

Soaring petrol prices are once again making many Australians think seriously[1] about switching ...

Epson launches ELPCS01 mobile projector cart

Designed for the EB-810E[1] projector and provides easy setup for portable displays in flexible ...

Governance Models for Headless CMS in Large Organizations

Where headless CMS is adopted by large enterprises, governance is the single most crucial factor d...

Narwal Freo Z10 Robotic Vacuum and Mop Cleaner

Narwal Freo Z10 Robotic Vacuum and Mop Cleaner  Rating: ★★★★☆ (4.4/5) Category: Premium Robot ...

Shark launches SteamSpot - the shortcut for everyday floor mess

Shark introduces the Shark SteamSpot Steam Mop, a lightweight steam mop designed to make everyda...

The Times Features

Leader of The Nationals Matt Canavan - press conference

CANBERRA PARLIAMENT HOUSE PRESS CONFERENCE WITH SHADOW WATER MINISTER MICHAEL McCORMACK; MURRAY-DA...

The Power Of An Uncomfortable Love

How challenging relationships can help us grow. Never have we lived in a time where relationshi...

US country favourite Larry Fleet joins 2026 Gympie Music Muster

Tennessee singer-songwriter Larry Fleet will bring his band to the Gympie Music Muster on Friday...

56 OF YOUR FAVORITE DISNEY STARS SHINE BRIGHT IN DISNEY ON ICE PRESENTS MAGIC IN THE STARS!

The most Disney characters in one show and the on-ice debut of Raya from Raya and the Last Dragon...

How much do you really need to retire? It’s probably a lot less than $1 million

Every few months, someone in the superannuation industry declares that Australians now “need” ar...

South Australian Nationals to open up local oil from Great Australian Bight

Amid out-of-control inflation and impacts from the Middle East conflict, The South Australian Na...

How does your super balance compare to other people your age?

If you have ever checked your super balance and wondered whether you are “behind” for your age, ...

Why Farrer is a key test for One Nation vs the Coalition

The Farrer by-election[1] on May 9 will be a major test for new Liberal leader Angus Taylor and ...

Leader of The Nationals Senator Matt Canavan Rockhampton press conference

Well thank you ladies and gentlemen. Thank you for coming out, this morning and thank you very muc...