Janet Rice (Victoria, Australian Greens) Share this | Link to this | Hansard source

On behalf of the Community Affairs References Committee, I move:

That the following matter be referred to the Standing Committee of Privileges for inquiry and report:

Having regard to the matters raised by the Community Affairs References Committee in correspondence tabled by the President on 30 November 2021:

(a) whether the Minister for Government Services, Senator the Honourable Linda Reynolds:

(i) engaged in conduct which amounted to an improper interference with the Community Affairs References Committee inquiry into Centrelink's compliance program,

(ii) disobeyed a lawful order of the Senate,

(iii) failed to produce documents in accordance with an order of the Senate, or

(iv) improperly interfered with the power of the Senate to obtain information necessary to support its accountability functions; and

(b) if so, whether any contempt was committed in respect of those matters.

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

The minister is at all times engaged in good faith, and has cooperated to the fullest extent, with the Community Affairs References Committee's inquiry into this matter, and the minister has previously advised the Senate that it would not be in the public interest to disclose the information in relation to legal advice and the deliberations of cabinet that relate to the income compliance program. Consistent with the minister's position, the Federal Court has previously found the advice requested to be privileged legal advice. Further, the freedom of information division of the Administrative Appeals Tribunal has also found that the minute requested was properly the subject of a cabinet exemption under the Freedom of Information Act.

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

I seek leave to make a one-minute statement.

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

There being no objection, one minute.

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

I just want to ensure people understand the issue here. The entire purpose of legal professional privilege is to make sure that client-attorney advice is kept from court proceedings. So it has relevance there, but it has no relevance in this chamber. Likewise, with FOI on legal professional privilege, it's an absolute exemption; it does not have any relevance in this chamber.

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

The question is that the motion moved by Senator Rice be agreed to.