Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

I seek leave to amend general business notice of motion No. 1264.

Leave granted.

I move the motion as amended:

That the Senate—

(a) has rejected public interest immunity claims made on the grounds of cabinet confidentiality with respect to documents or information related to the 'National Cabinet';

(b) will not countenance public interest immunity claims made on the grounds that provision of a document or information related to the National Cabinet ordered by the Senate, or sought by a Senate committee or a senator, would reveal cabinet deliberations;

(c) directs the chairs of committees to draw this resolution to the attention of witnesses who seek to raise claims on this unacceptable ground;

(d) requires those witnesses to:

(i) provide the documents or information, or

(ii) articulate a public interest immunity claim on a ground which may be acceptable to the Senate and to specify the harm to the public interest that could result from the disclosure; and

(e) resolves that a response to a Senate order for the production of documents that relies on this unacceptable ground is not compliance with the order nor does it constitute a satisfactory explanation for why the order has not been complied with, including for the purposes of standing order 164(3).

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.

Slade Brockman (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

Thanks for giving me one minute. The amendment may deal with some of this. The pre-emptive nature of part (e) of this motion inappropriately attempts to bind the Senate in the future. The decisions of the Senate on responses to orders for the production of documents should be made on the terms of the responses provided. It remains the view of the government that national cabinet was established as a committee of cabinet and its documents and deliberations should remain confidential.

On 17 September 2021, the Prime Minister and all the leaders of state and territory governments made it clear that national cabinet has strengthened relationships by facilitating regular confidential discussions in the national interest, founded on the same principles—trust, confidence and collaboration—which underpin state, territory and Commonwealth cabinets. Cabinet confidentiality is a longstanding principle of Westminster system of government and a well-established ground for the claim of public interest immunity with respect to orders by the Senate.

Slade Brockman (President) Share this | Link to this | Hansard source

The question is the motion be agreed to.

Slade Brockman (President) Share this | Link to this | Hansard source

I will give senators a moment to resume their seats, but I would ask senators to remain in the chamber. There will be further divisions. Senator Patrick?

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

Noting the success of the motion that has just been passed, I seek leave of the chamber to give notice of a motion that I will put tomorrow for an order for the production of documents relating to documents that have not been provided to the Senate on the basis of a national cabinet claim.

Slade Brockman (President) Share this | Link to this | Hansard source

Leave is not granted. We will now move to 1270 in the name of Senator Gallagher. Senator Urquhart.