Wendy Askew (Tasmania, Liberal Party) Share this | Hansard source

As Deputy Chair of the Community Affairs References Committee, I rise to make a brief contribution to this interim committee report. The government senators on the Community Affairs References Committee, Senator Hughes and I, do not support the Senate Community Affairs References Committee interim report into Centrelink's compliance program as presented by the Australian Labor Party and Australian Greens senators.

It has been the longstanding practice of successive Australian governments of both political persuasions not to disclose the fact or content of privileged legal advice. In fact, a former ministerial colleague of many on the committee in the Rudd-Gillard-Rudd government back in 2011, Senator Joe Ludwig, told Senate estimates that he would refuse to provide the Labor government's legal advice for the exact same reason:

… can I say that it has been a longstanding practice of both this government and successive governments not to disclose the content of advice.

Similarly, this practice has previously been outlined by another Labor luminary and former Hawke-Keating government Attorney-General, the Hon. Gareth Evans QC, who told the Senate in 1995:

Nor is it the practice or has it been the practice over the years for any government to make available legal advice from its legal advisers made in the course of the normal decision making process of government, for good practical reasons associated with good government and also as a matter of fundamental principle.

Finally, the Hon. Philip Ruddock MP stated to the House of Representatives in 2004:

It is not the practice of the Attorney to comment on matters of legal advice to the Government. Any advice given, if it is given, is given to the Government.

Questions that go to the timing of legal advice, the amount of legal advice, and issues the government may have sought legal advice on are appropriately matters for the subject of a public interest immunity claim. As the Attorney-General has stated publicly: 'The government frequently obtains legal advice. However, the content of that advice is privileged and not the government's practice to discuss any legal advice that may or may not have been received.' As the Senate is also aware, aspects of the income compliance program are currently before the Federal Court, including through a class action that was filed on 19 November 2019. Even the lawyers for the class action agree that government's legal advice is privileged, telling the ABC last week: 'As I understand the law, they are still entitled to client privilege and to prevent this unless they take a different position in court from being educed in the legal proceedings.' The government will not be releasing the legal advice and will let the court process proceed without political interference.