Rex Patrick (SA, Centre Alliance) Share this | Hansard source

Orders for the production of documents are a key oversight tool for this Senate. We've seen a number of OPDs refused by this government on very dubious grounds. I accept the principles laid out by Senator Cormann that cabinet in confidence is a well-respected doctrine in the Westminster system of government. I don't challenge him on that.

However, let me just go to the claim that has been made by the government in this instance. They've made the claim that they can't provide the documents, on the grounds that these documents informed and are the subject of cabinet deliberations. Of course, cabinet deliberations are protected, but not necessarily things that are subject to deliberations—only the deliberations themselves. If this has not been through cabinet, it can't be a deliberation of cabinet, and it cannot attract that claim.

I will make another point, a very important point: we are a house that complies with the laws of this land. The laws of this land say that, in order for a document to be considered cabinet in confidence, it must have at birth a dominant purpose for submission to cabinet. I would like the government to come back to this chamber with some evidence that shows that, when they commissioned this report, it was intended exclusively for cabinet.

You would also note that, in accordance with the Cabinet Handbook, cabinet submissions take a particular form, and typically cabinet submissions are limited to 50 pages. I would like to get an answer from the government in respect of this: how many pages are in this particular report? You cannot simply pass a document through the cabinet room in order to obtain a protection of cabinet in confidence. That's inappropriate.

The other point I would make is that there are very strict handling requirements for documents that are cabinet in confidence. There are very strict tracking requirements for documents that are cabinet in confidence. I would like the government to bring to this chamber evidence that this document has been held confidential and has been tracked in accordance with the Cabinet Handbookso that we can be satisfied that the claim that is being made by the government is bona fide. We cannot simply have an aroma-of-cabinet defence fettering the Senate in its legitimate oversight role.

I note that this government has consistently made claims of public interest immunity in this chamber. It should be of great concern to every member of this Senate, because when there's a change of government the people sitting on the government side will end up on the opposition side of the chamber and will want to do their job properly, informed by the documents that are paid for by the taxpayer and are commissioned for public purpose. I respect what Senator Cormann has said. I respect the claim that is made, but it must be a proper claim. I suspect in this instance that it is not.

We have a situation at the moment where the government is in the ACT Magistrates Court claiming that the matters before that court are secret. We've had a number of instances in this chamber where the government have done the same thing, only to have their rulings overturned by people such as the Information Commissioner and the AAT. By making these false claims you undermine proper process—the very process Senator Cormann relies on not to bring these documents to the chamber. I ask for more information to be provided to the chamber. I'm inclined to support the Greens' motion.