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

Freak Weather Spikes ‘Allergic Disease’ and Eczema As Temperatures Dip

“Allergic disease” and eczema cases are spiking due to the current freak weather as the Bureau o...

IPECS Phone System in 2026: The Future of Smart Business Communication

By 2026, business communication is no longer just about making and receiving calls. It’s about speed...

With Nvidia’s second-best AI chips headed for China, the US shifts priorities from security to trade

This week, US President Donald Trump approved previously banned exports[1] of Nvidia’s powerful ...

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...

The Times Features

How hot is too hot? Here’s what to consider when exercising in the heat

If you like to exercise outdoors, summer gives you more chance to catch the daylight. It’s often...

Vendor Advocacy Fees

Vendor advocacy fees can vary widely based on a number of factors, including the type of service...

MYA Cosmetics launches in Australia with bold new collection designed for creative tweens

MYA Cosmetics has officially launched in Australia, introducing its 2026 collection featuring th...

How smart home materials can shield us from extreme heat and cut energy bills all year

Australia is getting hotter. Climate change is driving more frequent and prolonged extreme heatw...

What is autistic burnout? And what can you do about it?

Many autistic people face challenges in their daily life while navigating a world made for neuro...

What is ‘oatzempic’? Does it actually work for weight loss?

If you’ve spent any time on TikTok or Instagram lately, you may have seen people blending oats...

Freak Weather Spikes ‘Allergic Disease’ and Eczema As Temperatures Dip

“Allergic disease” and eczema cases are spiking due to the current freak weather as the Bureau o...

The Man Behind Sydney’s New Year’s Eve Midnight Moment: Jono Ma

When the clock strikes midnight on New Year’s Eve, Sydney will ring in 2026 powered by a high-volt...

Australians Can Choose Their Supermarket — But Have Little Independence With Electricity

Australians can choose where they shop for groceries. If one supermarket lifts prices, reduces q...