Rex Patrick (SA, Independent) Share this | Hansard source

I also want to comment on the response to the OPD. I wasn't aware that the government had made a claim of public interest immunity that involved cabinet-in-confidence. I understand it has just been tabled.

I want to point out that what the executive has done here is actually quite disturbing. I will refer the chamber to the matter of Patrick and Secretary, Department of Prime Minister and Cabinet, AAT 2719, where a judicial officer, Justice White, has ruled that the national cabinet is not a cabinet. So far as I understand the Constitution, the executive is bound by these decisions. Of course, there has been a stay of order. The stay of order is to stop the effect of the decision, which is to hand over the document, not the decision itself.

It's quite disturbing. We've had a situation where the executive has been claiming to the Senate that things are cabinet-in-confidence when they haven't been. I want to make it clear, the Senate doesn't necessarily accept that, just as the High Court hasn't accepted it. But now we have a slight change and it's a very disturbing change; that is—the government is not complying with a decision of a judicial officer. That is quite disturbing, very arrogant and a new step for this government. I seek leave to continue my remarks later.

Leave granted; debate adjourned.