Google AI
The Times Australia

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

What I wish I had known before buying an electric car

Electric vehicles can offer quiet driving, convenient home charging and relief from petrol prices...

Australia leads APAC in AI ROI, despite widest confidence gap

Notion appoints Tom Karemacher as ANZ General Manager to close the AI confidence gap as 61% of decis...

Melbourne Local Steps Outside Her Comfort Zone to Compete for Miss World Australia 2027

From working in Melbourne real estate, building a career and now stepping into the Miss World Prel...

Technology

Australia leads APAC in AI ROI, des…

Notion appoints Tom Karemacher as ANZ General Manager to close the AI confidence gap as 61% of decis...

Local News

Fitstop Global Games to Bring 1,000…

The Australian-born fitness brand is bringing its global competition home, with athletes from across...

Culture

Salvida - Why getting kids to care for their …

The hardest part of managing kids’ problem skin might not be the skincare itself, it’s getting the...

Travel

School holiday pricing: fair market economics…

Every Australian family with school-aged children knows the pattern. Look at an airfare, hotel ro...

The Times Features

Salvida - Why getting kids to care for their skin can b…

The hardest part of managing kids’ problem skin might not be the skincare itself, it’s getting the...

Watching other people live: why we keep coming back to …

We arrive to watch a journey, a renovation or a different way of living. Somewhere along the way, ...

Noodle Box Marks 30 Years of Noodle Box Energy With $7…

After launching $7.95 pricing across four of its most loved main boxes for National Noodle Day on ...