Senate debates

Wednesday, 24 November 2021

Documents

National Cabinet; Order for the Production of Documents

5:00 pm

Photo of Jonathon DuniamJonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Hansard source

It remains the view of the government that national cabinet was established as a committee of cabinet and that its documents and deliberations should remain confidential. On 17 September this year, the Prime Minister and all the leaders of state and territory governments made it clear that the national cabinet has strengthened relationships by facilitating regular confidential discussions in the national interest, founded on the same principles of trust, confidence and collaboration which underpin state, territory and Commonwealth cabinets.

Cabinet confidentiality is a longstanding principle of the Westminster system of government and a well-established ground for a claim of public interest immunity with respect to orders by the Senate. The release of documents required by any Senate order, committee resolution or question on notice to which a public interest immunity claim has been made on the grounds of their being related to deliberations of national cabinet would unacceptably breach the convention of cabinet confidentiality, which ought to be respected by the Senate.

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