Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I seek leave to amend business of the Senate notice of motion No. 2 relating to a reference to the Senate Standing Committee on Procedure. The amendment changes the return date from 1 February 2023 to 31 March 2023.

Leave granted.

I move the motion as amended:

That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2023:

(1) The appropriate terms to establish a procedure in the standing orders through which:

(a) senators can confidentially and privately review documents subject to an order for production that a Minister believes would be against the public interest to table; and

(b) after the documents have been made available for review, the Senate can reject a Minister's public interest claim against disclosure and order the tabling of the documents.

(2) Whether the procedure in paragraph (1) is appropriate having regard to the balance between the Senate's constitutional power as the house of review, the necessity of senators to be properly informed of sensitive issues to make informed decisions and the protection of the public interest from public disclosure of sensitive information.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

CHISHOLM (—Assistant Minister for Education, Assistant Minister for Regional Development and Deputy Manager of Government Business in the Senate) (): I seek leave to make a short statement.

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

Leave is granted for one minute.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

Claims of public interest immunity made by ministers in response to orders for the production of documents balance transparency with a recognised position that there is information held by government that it would not be in the public interest to disclose. This includes documents that would put our national security or defence at risk, prejudice an investigation by a law enforcement agency or an ongoing judicial process or put public safety at risk. Senator Roberts proposes upending this process.

The Procedure Committee and other committees have already extensively inquired into the making of public interest immunity claims and the procedures for dealing them. I strongly encourage the opposition as a party of government to reconsider its support for these changes. In just the last parliament alone, those opposite issued claims of public interest immunity in response to 40 per cent of Senate orders for the production of documents. Now they are proposing to support Senator Roberts to erode these protections. The opposition should put responsibility ahead of political opportunity. (Time expired)

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

The question is that Business of the Senate No. 2, as amended by Senator Roberts, be agreed to.