Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I have information from the Attorney-General to provide to the Senate in relation to a question I was asked by Senator McKim on Tuesday this week. The Attorney-General advises in relation to Senator McKim's question that there are court orders in place restricting the disclosure of the information in this matter. Those orders were made with the consent of the parties. The Attorney-General's Department is assisting in the management of the information that is subject to the court orders. I note more generally that, in any legal proceedings, the Attorney-General, another Commonwealth representative or any other party to those proceedings can seek orders to protect sensitive information. It is always at the discretion of the court, including where parties consent, as to whether to make such orders. In considering whether to do so, the court balances competing public interests, including the principle of open justice.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a short statement of no more than one minute in response to Minister Payne's information.

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

Leave is granted for one minute.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

What we know now is that, in the 21st century, there is a person who has been secretly charged, secretly sentenced and secretly imprisoned in Australia. When asked in the Senate to provide further information, the Attorney-General's representative in the Senate has either refused or been unable to provide any further meaningful information. This is a shocking example of secrecy and abuse of state power and our descent into a police state. It is yet another argument for a charter of rights in Australia. Open justice is critical to the rule of law, which in turn is critical to our democracy. There is no reasonable conclusion to be drawn from this matter other than that we are living in an authoritarian state. I have to ask: what has and is our country coming to?