The majority voted in favour of a motion introduced by ACT Senator Katy Gallagher (Labor), which means it passed.

Motion text

That the Senate—

(a) notes that:

(i) on 8 April 2020 the Senate unanimously supported the establishment of the Senate Select Committee on COVID-19 to inquire into the Government's response to the pandemic,

(ii) the Leader of the Government in the Senate told the chamber on 8 April 2020 that "we do believe there is a need for scrutiny" and that "it is very important to have in place a committee of the type that is being proposed",

(iii) the Government has refused to provide the Senate Select Committee on COVID-19 with important information relevant to its inquiry including:

(A) modelling and scenario work undertaken by Treasury on the Government's response to the COVID-19 pandemic, and

(B) the date the Chief Medical Officer first briefed Cabinet on COVID-19, and

(iv) in relation to each of the examples in paragraph (a) (iii):

(A) the Government has asserted that it cannot provide the relevant information because it pertains to Cabinet,

(B) the Government has failed to make a public interest immunity claim in relation to the information sought,

(C) in particular, no attempt has been made to identify any specific harm to the public that would result from disclosing the information, and

(D) the Committee has reiterated its requests for information and, in the case of the Treasury modelling, did not accept the Department's answer;

(b) reaffirms:

(i) the resolution of the Senate of 16 July 1975 relating to the powers of the Senate and the accountability of witnesses and requiring that any claim to withhold information from the Senate be based on an established ground,

(ii) the order of the Senate of 13 May 2009 (the 'Cormann order'), which sets out the process to be followed for witnesses, including ministers, to raise public interest immunity claims, including by stating the grounds of those claims and the harm that might be occasioned by providing the information, and

(iii) the principle that information may only be withheld following consideration by the Senate of a properly founded claim of public interest immunity, as laid out in the Cormann order and reaffirmed in orders of the Senate of 22 September 2020, 10 February 2011, 3 March 2016, 11 October 2016, and 12 September 2017; and

(c) orders the Minister representing the Treasurer and the Minister representing the Minister for Health to provide the information identified in paragraph (a) (iii) to the Senate Select Committee by 12 pm Thursday 18 June.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (89% turnout) 8 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
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Jordon Steele-John WA Absent
Australian Labor Party (68% turnout) 17 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
Don Farrell SA Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Nita Green Queensland 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
Kristina Keneally NSW Absent
Kimberley Kitching Victoria Absent
Jenny McAllister NSW Absent
Malarndirri McCarthy NT Absent
Deborah O'Neill NSW Absent
Helen Polley Tasmania Absent
Marielle Smith SA Absent
Penny Wong SA Absent
Centre Alliance (50% turnout) 1 Yes 0 No
Rex Patrick SA Yes
Stirling Griff SA Absent
Sam McMahon NT Country Liberal Party No
Sue Lines WA Deputy President Yes
Jacqui Lambie Tasmania Jacqui Lambie Network Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (66% turnout) 0 Yes 19 No
Eric Abetz Tasmania No
Alex Antic SA No
Andrew Bragg NSW No
Slade Brockman WA No
Claire Chandler Tasmania No
Jonathon Duniam Tasmania No
Concetta Fierravanti-Wells NSW No
Sarah Henderson Victoria No
Hollie Hughes NSW No
Andrew McLachlan SA No
Jim Molan NSW No
James Paterson Victoria No
Gerard Rennick Queensland 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
Wendy Askew Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Richard Colbeck Tasmania Absent
Mathias Cormann WA Absent
David Fawcett SA Absent
Jane Hume Victoria Absent
Matt O'Sullivan WA Absent
Marise Payne NSW Absent
Linda Reynolds WA 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 (50% turnout) 1 Yes 0 No
Malcolm Roberts Queensland Yes
Pauline Hanson Queensland Absent
Scott Ryan Victoria President No
Totals (72% turnout) 29 Yes – 26 No