Summary

Edit

The same number of senators voted for and against the motion introduced by NSW Senator Kristina Keneally, which means that it failed. The motion related to setting up a joint select committee to inquire into and report on the appropriate balance between the public's right to know, the freedom of the press and Australia's national security.

Motion text

(1) That a joint select committee, to be known as the Joint Select Committee into the Public's Right to Know and Press Freedom, be established to inquire into and report on the appropriate balance between the public's right to know, the freedom of the press and Australia's national security, with particular reference to:

(a) disclosure and public reporting of sensitive and classified information, including the appropriate regime for warrants regarding journalists and media organisations and adequacy of existing legislation;

(b) the whistleblower protection regime and protections for public sector employees;

(c) the adequacy of referral practices of the Australian Government in relation to leaks of sensitive and classified information;

(d) appropriate culture, practice and leadership for Government and senior public employees;

(e) mechanisms to ensure that the Australian Federal Police have sufficient independence to effectively and impartially carry out their investigatory and law enforcement responsibilities in relation to politically sensitive matters; and

(f) any related matters.

(2) That the committee should provide an interim report by 19 September 2019 and a final report by 28 November 2019.

(3) That the committee consist of 8 members of the House of Representatives and 8 senators, as follows:

(a) 3 members of the House of Representatives nominated by the Government Whip or Whips;

(b) 4 members of the House of Representatives nominated by the Opposition Whip or Whips;

(c) 1 member of the House of Representatives nominated by the Member for Clark;

(d) 3 senators nominated by the Leader of the Government in the Senate;

(e) 3 senators nominated by the Leader of the Opposition in the Senate;

(f) 1 senator nominated by the Leader of the Australian Greens; and

(g) 1 senator from Centre Alliance.

(4) That:

(a) participating members may be appointed to the committee on the nomination of the Government Whip in the House of Representatives, the Opposition Whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator or member of the House of Representatives; and

(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.

(5) That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House.

(6) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(7) That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.

(8) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.

(9) That the committee elect as chair one of the members nominated by the Opposition Whip in the House of Representatives or the Leader of the Opposition in the Senate, and as deputy chair one of the members nominated by Government Whip in the House of Representatives or the Leader of the Government in the Senate.

(10) That the deputy chair shall act chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(11) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.

(12) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.

(13) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(14) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.

(15) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

(16) That the committee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17) That a message be sent to the House of Representatives seeking its concurrence in this resolution.

Votes Not passed

Nobody rebelled against their party.

Party Votes
Cory Bernardi SA Australian Conservatives No
Australian Greens (100% turnout) 9 Yes 0 No
Richard Di Natale Victoria Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Jordon Steele-John WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (88% turnout) 22 Yes 0 No
Tim Ayres NSW Yes
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Kim Carr Victoria Yes
Anthony Chisholm Queensland Yes
Raff Ciccone Victoria Yes
Patrick Dodson WA Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland Yes
Kristina Keneally NSW Yes
Kimberley Kitching Victoria Yes
Jenny McAllister NSW Yes
Malarndirri McCarthy NT Yes
Deborah O'Neill NSW Yes
Louise Pratt WA Yes
Tony Sheldon NSW Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Jess Walsh Victoria Yes
Murray Watt Queensland Yes
Penny Wong SA Yes
Don Farrell SA Absent
Helen Polley Tasmania Absent
Marielle Smith SA Absent
Centre Alliance (100% turnout) 2 Yes 0 No
Stirling Griff SA Yes
Rex Patrick SA Yes
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Yes
Jacqui Lambie Tasmania Jacqui Lambie Network No
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (89% turnout) 0 Yes 25 No
Alex Antic SA No
Wendy Askew Tasmania No
Simon Birmingham SA No
Andrew Bragg NSW No
Slade Brockman WA No
Claire Chandler Tasmania No
Richard Colbeck Tasmania No
Mathias Cormann WA No
Jonathon Duniam Tasmania No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Hollie Hughes NSW No
Jane Hume Victoria No
Matt O'Sullivan WA No
James Paterson Victoria No
Marise Payne NSW No
Gerard Rennick Queensland No
Linda Reynolds WA No
Anne Ruston SA No
Paul Scarr Queensland No
Zed Seselja ACT No
Dean Smith WA No
Amanda Stoker Queensland No
David Van Victoria No
Eric Abetz Tasmania Absent
Michaelia Cash WA Absent
Arthur Sinodinos NSW Absent
National Party (100% turnout) 0 Yes 3 No
Perin Davey NSW No
Susan McDonald Queensland No
Bridget McKenzie Victoria No
Pauline Hanson's One Nation Party (0.0% turnout) Absent
Pauline Hanson Queensland Absent
Malcolm Roberts Queensland Absent
Scott Ryan Victoria President No
Totals (89% turnout) 34 Yes – 34 No