David Shoebridge (NSW, Australian Greens) Share this | Hansard source

I want to thank Senator Lambie for bringing this issue to the Senate. It's my understanding that the concern that drives this amendment is to ensure there are adequate protections for journalists undertaking journalist activities within the Australian Broadcasting Corporation and the Special Broadcasting Corporation, the ABC and the SBS.

I note that, as a result of amendments in the other place, there have been increased protections for journalists from warrants that may be on them under the NACC's powers to seek warrants. I'm glad to see the Attorney moved beyond the very narrow recommendations that came out of the committee to provide broader protections for journalists in the amendments that the House adopted. They were amendments that I know myself, and I believe the deputy chair of that committee, the member for Indi, Dr Haines, were seeking to have adopted in that committee. We couldn't persuade the committee to move to adopt those greater protections, but I'm glad to see the Attorney, nevertheless, has adopted those greater protections from warrants for journalists.

I also note that clause 117 of the bill expressly protects the premises of the ABC and the SBS from the operation of search warrants under the act. So there are already express protections for the ABC and the SBS in the act. Our concern about the drafting of this amendment—and we accept it has been done in a great hurry—is that it potentially extends the protections I think we would all want for the ABC and SBS to any Commonwealth agency, and arguably anyone engaged in—I will read the amendment—'the business of reporting news, presenting current affairs or expressing editorial or other content in news media'. It arguably picks up any agency that has that kind of conduct in it. That broad definition might include the media officers in the Department of the Prime Minister and Cabinet. There would be occasions when we would want to ensure that the NACC could investigate what a media officer had put out if it was potentially trying to mask or hide corrupt conduct within PM&C. We'd say the same for the media unit of the Australian Federal Police. We would want to ensure that isn't shielded from the operations of the NACC.

I accept that this amendment has come through very late. I accept that it hasn't had the benefit of going to the committee and being reviewed by the committee. In its current format it would potentially, and I think quite likely, exclude a whole series of employees, and potentially agencies well beyond the ABC and the SBS, that should be within the purview of the NACC.

I want to say expressly, from the position of the Australian Greens—and I hope we get this echoed from the government and the opposition: individuals engaging in the practice and profession of journalism within the ABC and within the SBS are not intended to be caught within the provisions of the NACC, and challenging the government and potentially publishing and reporting on documents that there may be some statutory secrecy or some other kind of secrecy attached to would not and should not bring journalists within the ABC or the SBS within the purview of the NACC. I hope that's a united position we can adopt. At least this amendment allows us to share that acknowledged position in the chamber.