23rd Nov 2021, 4:46 PM – Senate Motions - National Cabinet - Public Interest Immunity Claims

The majority voted in favour of a motion introduced by South Australian Senator Rex Patrick (Independent), which means it passed.

Motion text

That the Senate—

(a) has rejected public interest immunity claims made on the grounds of cabinet confidentiality with respect to documents or information related to the 'National Cabinet';

(b) will not countenance public interest immunity claims made on the grounds that provision of a document or information related to the National Cabinet ordered by the Senate, or sought by a Senate committee or a senator, would reveal cabinet deliberations;

(c) directs the chairs of committees to draw this resolution to the attention of witnesses who seek to raise claims on this unacceptable ground;

(d) requires those witnesses to:

(i) provide the documents or information, or

(ii) articulate a public interest immunity claim on a ground which may be acceptable to the Senate and to specify the harm to the public interest that could result from the disclosure; and

(e) resolves that a response to a Senate order for the production of documents that relies on this unacceptable ground is not compliance with the order nor does it constitute a satisfactory explanation for why the order has not been complied with, including for the purposes of standing order 164(3).