Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Hansard source

I want to start by acknowledging the longstanding interest that Senator Lambie has in the substantive policy question that this order for the production of documents relates to. I also want to acknowledge the senator's longstanding advocacy on questions of transparency. We take our disclosure and transparency obligations seriously, and we comply with our obligations. In this case, I'm advised that the government is not in a position to provide the documents that have been requested. The Minister for Communications has outlined in correspondence to this chamber that the government claims public interest immunity over the requested documents. If disclosed, it would both disclose and pre-empt the deliberations of cabinet.

There has been a longstanding acknowledgement of the issues that arise from the disclosure of documents that relate to the deliberations of cabinet. Indeed, former senator Birmingham previously advised the Senate in March 2021 of the following:

As is well recognised in the Westminster system, it is in the public interest to preserve the confidentiality of cabinet deliberations to ensure the best possible decisions are made following thorough consideration and informed discussion of relevant proposals within cabinet. It is not in the public interest to disclose information about the cabinet's deliberations, as it may impact in the future upon government's ability to receive confidential information and to make appropriately informed decisions impacting upon the Australian community.