David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

My question, with minimal notice, is to Senator Watt, representing the Attorney-General. Former Senator Rex Patrick is in the Federal Court challenging the Information Commissioner for unreasonable days in dealing with freedom of information reviews. These delays impact everyone who is trying to get answers from the government. While in opposition, now Attorney-General Mark Dreyfus provided an affidavit supporting Patrick's case. Despite this, under the now new Attorney-General, the Commonwealth continues to oppose the case. As at 1 August 2022 the total external legal costs incurred by the Commonwealth in opposing Patrick's case were a whopping $301,667.12. Consistent with the sworn affidavit of now Attorney-General Mark Dreyfus and noting that some matters remain unresolved, more than 1,000 days after referral, will Labor now support the case of former Senator Patrick to prevent unreasonable delays in dealing with freedom of information reviews?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you Senator Shoebridge for the question. I appreciate the advance warning of the question as well.

Opposition Senators:

Opposition senators interjecting—

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Well, that's common courtesy. You might want to learn a little bit of that. I always displayed common courtesy to you through opposition. Maybe you could do the same.

Sue Lines (President) Share this | Link to this | Hansard source

Minister Watt, interjections across the chamber are disorderly, from both sides.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Senator Shoebridge's question goes to legal action undertaken by former Senator Rex Patrick, who I think all of us would recognise made a bit of a name for himself here in the accountability arena. I understand from Senator Farrell that now Mr Patrick, former Senator Patrick, is running for a lord mayoralty in South Australia. I presume he'll bring the same level of accountability to that role should he be successful.

In direct answer to the question, this matter, as you have recognised, is currently before the Administrative Appeals Tribunal, so it wouldn't be appropriate for me to comment. But there can be no doubt whatsoever as to this government's commitment to transparency, in contrast with the abhorrent and wilful ignorance of transparency that we saw for 10 years under the former government. We are on the verge of introducing legislation to introduce and establish a new national anticorruption commission. I see Senator McKenzie welcoming that, and I wonder why it didn't happen for any of the 10 years that she and her colleagues were in government. Perhaps one day we can talk about that outside the chamber and she can illuminate me on that. But that is one example of how this government intends to be far more transparent about its actions than what we saw for 10 years under the coalition. As I say, this matter before the AAT will be resolved, and that's the appropriate forum in which to discuss this matter.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Shoebridge, your first supplementary?

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

While talking about transparency and taking you at your word, Senator, that you're committed to transparency, can you now provide an update of how much this case has cost the Commonwealth to today? It was $301,667 fighting transparency as at 1 August 2022. How much has been spent to date?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thanks, Senator Shoebridge. I can absolutely assure you that I'm happy to provide that information. I will have to take the details on notice; I don't have that figure at hand. I will take that on notice and get back to you asap.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Shoebridge, a second supplementary?

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

It gets worse because, in a recent letter to the Attorney-General, the Information Commissioner said her office was underfunded and revealed that in 2020-21 the now 667 freedom of information reviews were more than a year old. That's an increase of some 50 per cent in that year. Would you agree, Minister, that any funding for the Information Commissioner might be better spent not in court arguing against someone suing against unreasonable delays but instead staffing the office to respond on time?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I well remember, Senator Shoebridge, the resourcing difficulties that the Information Commissioner had over the period of the former government, because on regular occasions I asked the Information Commissioner about exactly that matter in Senate estimates when we were in opposition. It was disgraceful the way that the former government starved the Information Commissioner of resources in the way that it did.

Already, though, today, every question we've had from the Greens—as has been the case in other settings as well—has called for this government to spend more money. We have to recognise that we have inherited a complete financial mess from the former government. Earlier today you were asking us to spend more money on paid parental leave—a worthy thing to do. Now you're asking us to spend more money on the Information Commissioner—a worthy thing to do. I'm sure your next question will ask us to spend 'eleventy billion dollars' on something else. We will weigh up all of those things and make the commitments we can afford to do.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Shoebridge on a point of order?

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

This question wasn't about additional funding. The minister's not being responsive to the question. This question was about, instead of spending it on lawyers, spending it on the Information Commissioner.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you Senator Shoebridge. The minister is being relevant. You've got one second left. Have you finished?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

I refer to my earlier answer.