Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

McKENZIE (—) (): I move:

That the Senate—

(a) notes that:

(i) order for production of documents no. 50 (the order) agreed by the Senate on 25 October 2022, requiring the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table documents in relation to the Hahndorf Township Improvements and Access Upgrade Project, has not been complied with,

(ii) the Minister for Infrastructure, Transport, Regional Development and Local Government, in her response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future infrastructure arrangements,

(iii) on 23 November 2022, the Senate rejected the public interest immunity claim made by the Minister for Infrastructure, Transport, Regional Development and Local Government,

(iv) on 28 November 2022, the Minister for Infrastructure, Transport, Regional Development and Local Government maintained the same public interest immunity claim which was rejected by the Senate,

(v) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(vi) no such agreement has been sought, nor has the Senate been advised of any objections from the South Australian Government;

(b) requires the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to attend the chamber at 3.30 pm on Wednesday, 8 February 2023, to provide an explanation, of no more than 5 minutes, of the failure to comply with the order, and explain why the agreement of the South Australian Government to disclose the information has not been sought;

(c) any senator may move to take note of the explanation required by paragraph (b); and

(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.

Question agreed to.