Senate debates

Monday, 26 February 2024

Questions without Notice

Department of Finance

2:55 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | | Hansard source

My question is to the Minister for Finance, Senator Gallagher. I refer to a media report and a statement issued by the Department of Finance on 21 February 2024 regarding the department's inappropriate disclosure of the commercially sensitive pricing information for up to 400 businesses. Recent reports from InnovationAus.com claim that up to 200 of these impacted businesses have yet to sign any confidentiality agreement to prevent the disclosure of pricing information. Minister, when were you informed that this disclosure had occurred?

2:56 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I thank Senator Hume for the question. This is a really disappointing issue. Commercially sensitive information from the MAS Panel has again been inadvertently disclosed by the Department of Finance in an administrative error. I would have to check the date, but it was around 19 or 20 February that I was advised, and Finance had certainly been in touch with my office. I was travelling last week, so I would just have to check that. I think on 21 February the secretary issued a statement on the disclosure of information, and I think the next day the secretary also announced a review into how these two MAS Panel disclosures have occurred.

I've spoken again on my return from overseas with the secretary about the work that has been done, including individually contacting suppliers and working very closely with them through the department to seek undertakings from them. I don't have the numbers in front of me, but I understand that there were a number where the email hadn't been opened and the email was deleted after contact by the Department of Finance. But I can tell you that the department is doing everything it can to ensure that we minimise the impact on suppliers and certainly that this never happens again. I would also say that there is work being done to support staff that have been involved in this, and the inquiry will get to the bottom of what has led to the error in disclosure of this sensitive information.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hume, first supplementary?

2:58 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | | Hansard source

Minister, the department of health reportedly disclosed commercially sensitive pricing information back in November 2023. At that time, you provided assurances that this couldn't happen again. I ask you, Minister, following that bungle in 2023, how did you satisfy yourself that the issues within the government had been fixed?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I think your question said 'the department of health', but you're referring to the earlier disclosure on MASP?

Yes, there have been two inappropriate disclosures on the MAS Panel, as I recall it. I had a number of discussions with the secretary of Finance. Ms Wilkinson did a lot of work with the relevant area. They're dealing with these matters all the time. I was confident in my briefings with the department and with the internal investigation that was conducted that steps had been taken to make sure this wouldn't happen again. Obviously it has. That's why the inquiry by Mr Manthorpe is so important. I don't want to get ahead of that, so we'll wait for that inquiry to be held. I understand that it's only going to be a matter of weeks. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hume, second supplementary?

2:59 pm

Photo of Jane HumeJane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | | Hansard source

Minister, your government has twice damaged confidence in the Commonwealth's ability to work with the private sector. Can you tell the chamber: What number of organisations have signed those confidentiality agreements? Have you sought advice on the potential legal liability created by this breach? If not, why not?

3:00 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I have been briefed on all aspects of it, so I'll leave it at that. I can't give you a figure of those that have signed confidentiality requirements. I note that a number hadn't opened the email, but I will see if there's further—

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister Gallagher, please resume your seat. Senator Hume.

Photo of Jane HumeJane Hume (Victoria, Liberal Party, Shadow Minister for the Public Service) Share this | | Hansard source

Can I ask the minister: if she doesn't know, can she take that on notice?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Hume, that's not a point of order. Minister Gallagher.

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

I was going to say that I will see if there's any further information I can bring forward to the chamber, but obviously we are having this inquiry to get to the bottom of it. If I can confidentially or otherwise brief the shadow minister for finance, I will. I would say that our engagement with business has been very strong. Yes, it is very regrettable that this error has been made—

Opposition senators interjecting

Look, I'm trying to be helpful.

Opposition senators interjecting

Fine. I'll take it on notice and see what I can provide. Madam President, I ask that all further questions be placed on the Notice Paper.