Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I seek leave to amend general business notice of motion No. 284 standing in my name for today proposing an order for the production of documents concerning the income and compliance program.

Leave granted.

I move the motion as amended:

(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate, and

(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 10 am on 28 November 2019, any legal advice received by the Government, or Services Australia (Department of Human Services), relating to the decision to stop relying solely on income-averaging processes to raise debts under the Income Compliance Programme.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

Senator Siewert has asked the government to provide legal advice. It is the longstanding convention, followed by governments of both political persuasions, not to disclose the facts or content of legal advice. The government intends to follow this convention.

Scott Ryan (President) Share this | Link to this | Hansard source

The question is that motion No. 284 be agreed to.

Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

I, and also on behalf of Senators O'Neill and McCarthy, move:

(1) That the Senate notes that legal professional privilege is not a recognised ground for refusing to provide information to the Senate.

(2) That there be laid on the table by the Minister representing the Minister for Government Services, by 5pm on 28 November 2019, all legal advice that has been received by the Government, the Department of Human Services, or Services Australia, relating to the 2015-16 Budget Measure 'Better Management of the Social Welfare System', the Online Compliance Intervention (OCI), the Employment Income Confirmation (EIC), and the Check and Update Past Information (CUPI), known as the 'Online Compliance Programme'.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Scott Ryan (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

As with the last motion, the opposition is asking the government to provide legal advice. It is the longstanding convention followed by governments of both political persuasions not to disclose the fact or content of legal advice. The government intends to follow this convention.

Scott Ryan (President) Share this | Link to this | Hansard source

The question is that motion No. 290 be agreed to.