I was one of the witnesses at yesterday's Senate Committee hearing on the government's wrong headed, bizarre attempt to legislate that anything considered or decided by the 'National Cabinet' (the PM, state premiers, and territory first ministers) is not for any us to know unless the PM at his discretion decides to let it loose in the public domain. The contention in putting forward the COAG Legislation Amendment Bill 2021 (Schedule 3) is that 'National Cabinet' is a committee of the Federal Cabinet and entitled to all the secrecy that goes with that. In addition to an amendment to the Freed ..read more

The decision in the Administrative Appeals Tribunal by Justice White rejecting arguments that documents concerning the operation of the "National Cabinet' are exempt as cabinet documents cheered up those among us who keep lamenting the decline in  transparency.Thanks to Senator Rex Patrick, something to cheer about, the first in a long time for years. The matter took a year to get to this stage (speedy compared to delays some of us are enduring in a queue at the Office of Australian Information Commissioner) and it may not be over yet. The Secretary of the Department of Prime Minister an ..read more

Almost a year ago the Minister for Foreign Affairs Senator Payne drew attention in speeches to two matters of significance in Australia's international affairs-an audit report completed by the Department of Foreign Affairs at the request of the Prime Minister on Australia's engagement with multilateral institutions, and what the Minister described as the important role Australia played since assuming a position on the governing board in advocating for greater independence and transparency at the World Health Organisation. Hmm, important stuff, I thought. FOI application   Wanting to know ..read more

Having spent time and energy, commencing in 2011when the initiative was first announced, in encouraging, advocating and participating in Australian involvement in the Open Government Partnership, my optimism and enthusiasm for the cause has taken a nose dive in recent times.  I'm glad a small cohort of determined supporters of democratic principles hang in there. But with no champions at the highest levels of a government that some suggest is allergic to transparency our commitments to reform have been mediocre in ambition, modest at best in terms of results, limited in reaching out to ra ..read more

He''s a vigilant determined defender of the spirit and intent of freedom of information. May the wind be at his back! In the Senate on Tuesday Senator Rex Patrick recounted a drawn out and eventually unsuccessful attempt by the Department of Prime Minister to deny access to the complete performance audit report into the handling of a $1.3 billion dollar Defence contract for the procurement of the Hawkei light protected mobility vehicle from Thales Australia Ltd.  The government had refused to table the complete report in response to a Senate Order; Attorney General Porter issued a (rare?u ..read more

Damian Shaw/AAP Chris Aulich, University of Canberra In recent days, the issue of government accountability was brought into sharp focus — again — when NSW Premier Gladys Berejiklian admitted that community grants awarded primarily to councils in Coalition seats ahead of the 2019 state election was pork barrelling. In defence, she said the practice of pork barrelling was “rightly or wrongly” normal and wasn’t illegal, and that governments of all colours engage in election spending in order “to curry favour” with the electorate. When the premier of NSW uses as a standard of integrity that pork ..read more

Seven months after its formation, the National Cabinet has made its way into the just published new edition of the Cabinet Handbook. (Pages 30-31) but is still to get a mention in the Government Directory Anyone looking for an explanation about what makes the NC and a range of committees and groups that come within its scope (The Council on Federal FinancialRelations, any other committees "as required" that the NC establishes, and any National CabinetReform Committees) part of the Federal Government Cabinet will be disappointed by the entry in the Handbook. There is nothing in the Nationa ..read more

 In 2018 Senator Rex Patrick sponsored the introduction of the Freedom of Information Legislation Amendment (Improving Access and Transparency) Bill and made the second reading speech, the bill was referred to the Legal and Constitutional Affairs Legislation Committee, the Committee report recommended the Senate not pass the bill (Senator Patrick and Greens senators dissenting)...... And there the bill sat until last week when it came on for Senate debate for 70 minutes before time expired. The major parties did not support the bill in 2018 and reaffirmed that in 2020, so its fate is clea ..read more

Some exchanges during the two hours Secretary of Department of Prime Minister and Cabinet Phil Gaetjen spent before the Senate Select Committee on Administration of Sports Grants Committee on 22 July- the sports rorts committee- shouldn't stay buried away in the Hansard. The backdrop is questioning about Mr Gaetjen's report undertaken at the request of the Prime Minister that led to the minister's resignation. And is subject to a claim of public interest immunity on grounds it is a document prepared for submission to cabinet so not available to the Committee. Headings dedicated to the memory o ..read more

Extract from Report of Special Commission of Inquiry into the Ruby Princess conducted by Bret Walker SC and released by NSW Government on14 August 1.53 The one fly in the ointment so far as assistance to this Commission goes, is the stance of the Commonwealth. I hasten to exclude the lawyers for the Commonwealth, whose written assistance and production of materials are very much appreciated, in the circumstances. Those circumstances are dominated by the assertion on the Commonwealth’s part of an immunity from any compulsory process of a State’s Special Commission of Inquiry. A Summons to a Com ..read more