Don Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | Link to this | Hansard source

My question is to the Minister for Youth and Sport, Senator Colbeck. On 27 February Sport Australia told the Select Committee on the Administration of Sports Grants that it would provide the legal advice underpinning former Minister McKenzie's authority to make decisions in the Community Sport Infrastructure Grant Program. But last week Sport Australia informed the select committee that it would not provide the advice, as the minister for sport had made a claim of public interest immunity. When did the minister make that decision? And on what basis does he make the claim of public interest immunity?

Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Link to this | Hansard source

The decision to make a public interest immunity exemption was made some time ago. On behalf of the government, I claimed public interest immunity in relation to Sport Australia's legal advice as the release of this advice could prejudice pending legal proceedings. Additionally, it's been the longstanding practice of Australian governments, over many decades on both sides of politics, to not disclose the fact or content of privileged legal advice. This practice has previously been outlined by many colleagues in the chamber, including the Hon. Gareth Evans QC, who said,

Nor is it the practice or has it been the practice over the years for any government to make available legal advice from its legal advisers made in the course of the normal decision making process of government, for good practical reasons associated with good government and also as a matter of fundamental principle.

So in my view my claim of public interest immunity was based on good and sound grounds and a longstanding practice of governments from both persuasions of politics, and the government maintains that it's not in the public interest to depart from this established position; it's integral that privileged legal advice provided to the Commonwealth remains confidential.

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

Senator Farrell, a supplementary question?

Don Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | Link to this | Hansard source

In March, the minister admitted he had been coached by Mr Morrison's staff before appearing to give evidence on the sports rorts scandal. Has the minister or his office discussed the public interest immunity claim with Mr Morrison or his office? If so, why?

Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Link to this | Hansard source

Firstly, can I reject the assertion about any activity or conversation between my office, me and the Prime Minister's office. I reject the assertion of being coached. Again, Labor continue to make things up. Just because Labor says it, it doesn't make it so. Yes, I had a meeting with the Prime Minister's office, but it wasn't about coaching. I made the decision to claim public immunity—

Opposition Senators:

Opposition senators interjecting—

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

Order on my left! Senator Colbeck, please resume your seat. I can't hear you due to the interjections. Please continue.

Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Link to this | Hansard source

I made the decision to claim public interest immunity based on well-founded grounds and the historical context of decision-makers in this parliament over a considerable period of time. (Time expired)

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

Senator Farrell, a final supplementary question?2

Don Farrell (SA, Australian Labor Party, Shadow Special Minister of State) Share this | Link to this | Hansard source

Why is the minister refusing to explain to Australians the basis upon which the government claims that former Minister McKenzie had authority to make decisions under the sports rorts scheme? What is he hiding?

Richard Colbeck (Tasmania, Liberal Party, Minister for Aged Care and Senior Australians) Share this | Link to this | Hansard source

As I've said in answer to the two former questions, I claimed public interest immunity over legal advice on longstanding grounds that have been applied by governments of both political persuasions over a considerable period of time. I believe that I had good grounds to do that, and I made the public interest immunity decision appropriately.