The Times Australia
The Times News

.
The Times Real Estate

.

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

The Times Features

How to buy a coffee machine

For coffee lovers, having a home coffee machine can transform your daily routine, allowing you to enjoy café-quality drinks without leaving your kitchen. But with so many optio...

In the Digital Age, Online Promotion Isn't Just an Option for Small Businesses – It's a Necessity

The shift to an online-first consumer landscape means small businesses must embrace digital promotion to not only survive but thrive in 2025. From expanding reach to fostering cu...

Sorbet Balls by bubbleme Bring Bite-Sized Cool Spin to Frozen Snacking

A cool new frozen treat is rolling into the ice-cream aisle at Woolworths stores nationwide. Dairy-free, gluten-free and free from artificial colours, bubbleme Sorbet Balls ar...

Mind-Body Balance: The Holistic Approach of Personal Training in Moonee Ponds

Key Highlights Discover the benefits of a holistic approach to personal training in Moonee Ponds and nearby Maribyrnong, including residents from Strathmore. Learn how mind-b...

How Online Platforms Empower You to Find Affordable Removalists and Electricity Plans

When you move into a new home, you have many tasks to do. You need to hire removalists and set up your electricity.  In this article, we discuss how online platforms empower you ...

IS ROSEMARY OIL THE SECRET TO BETTER HAIR DAYS? HERE’S WHAT IT CAN DO

Rosemary hair oil is a straightforward natural solution that delivers exceptional results for anyone who wants to enhance their haircare process. It maintains its status in herba...

Times Magazine

CNC Machining Meets Stage Design - Black Swan State Theatre Company & Tommotek

When artistry meets precision engineering, incredible things happen. That’s exactly what unfolded when Tommotek worked alongside the Black Swan State Theatre Company on several of their innovative stage productions. With tight deadlines and intrica...

Uniden Baby Video Monitor Review

Uniden has released another award-winning product as part of their ‘Baby Watch’ series. The BW4501 Baby Monitor is an easy to use camera for keeping eyes and ears on your little one. The camera is easy to set up and can be mounted to the wall or a...

Top Benefits of Hiring Commercial Electricians for Your Business

When it comes to business success, there are no two ways about it: qualified professionals are critical. While many specialists are needed, commercial electricians are among the most important to have on hand. They are directly involved in upholdin...

The Essential Guide to Transforming Office Spaces for Maximum Efficiency

Why Office Fitouts MatterA well-designed office can make all the difference in productivity, employee satisfaction, and client impressions. Businesses of all sizes are investing in updated office spaces to create environments that foster collaborat...

The A/B Testing Revolution: How AI Optimized Landing Pages Without Human Input

A/B testing was always integral to the web-based marketing world. Was there a button that converted better? Marketing could pit one against the other and see which option worked better. This was always through human observation, and over time, as d...

Using Countdown Timers in Email: Do They Really Increase Conversions?

In a world that's always on, where marketers are attempting to entice a subscriber and get them to convert on the same screen with one email, the power of urgency is sometimes the essential element needed. One of the most popular ways to create urg...

LayBy Shopping