The majority voted in favour of a motion introduced by Tasmanian Senator Wendy Askew (Liberal) on behalf of NSW Senator Andrew Bragg (Liberal), which means it was successful.

Motion text

That the Senate—

(a) notes that:

(i) order for production of documents no. 52 (the order) agreed by the Senate on 25 October 2022, requiring the Minister representing the Assistant Treasurer to table any briefing notes, file notes and emails received by the Assistant Treasurer from superannuation industry representatives in relation to changes to the superannuation industry payment disclosure requirements, has not been complied with, and

(ii) the Assistant Treasurer, in his response to the order, made a claim of public interest immunity on the basis of privacy, citing concerns individuals and organisations have a reasonable expectation that representations made to the minister are not put on the public record without proper consent and consultation;

(b) rejects the public interest immunity claim made by the Assistant Treasurer on the grounds of privacy, noting that:

(i) claims that information has been collected on the condition that it would be treated as confidential, and therefore cannot be disclosed, is not in itself a ground for a public interest immunity claim,

(ii) it must be established that some harm may occur because of the disclosure of the information sought by the order, and

(iii) any specific harm could be overcome by disclosing information in general terms without the identity of those to whom it relates; and

(c) requires the Minister representing the Assistant Treasurer to comply with the order by no later than midday on 28 November 2022.

Votes Passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 12 Yes 0 No
Penny Allman-Payne Queensland Yes
Dorinda Cox WA Yes
Mehreen Faruqi NSW Yes
Sarah Hanson-Young SA Yes
Nick McKim Tasmania Yes
Barbara Pocock SA Yes
Janet Rice Victoria Yes
David Shoebridge NSW Yes
Jordon Steele-John WA Yes
Lidia Thorpe Victoria Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Australian Labor Party (76% turnout) 0 Yes 19 No
Tim Ayres NSW No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Patrick Dodson WA No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Linda White Victoria No
Don Farrell SA Absent
Katy Gallagher ACT Absent
Deborah O'Neill NSW Absent
Glenn Sterle WA Absent
Jana Stewart Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Yes
David Pocock ACT Independent Yes
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (50% turnout) 1 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Absent
Liberal Party (83% turnout) 20 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Andrew Bragg NSW Yes
Slade Brockman WA Yes
Michaelia Cash WA Yes
Claire Chandler Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
David Fawcett SA Yes
Sarah Henderson Victoria Yes
Jane Hume Victoria Yes
Kerrynne Liddle SA Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Marise Payne NSW Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Paul Scarr Queensland Yes
Dean Smith WA Yes
David Van Victoria Yes
Simon Birmingham SA Absent
Hollie Hughes NSW Absent
Jim Molan NSW Absent
Anne Ruston SA Absent
National Party (75% turnout) 3 Yes 0 No
Ross Cadell NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Yes
Perin Davey NSW Absent
Pauline Hanson's One Nation Party (50% turnout) 1 Yes 0 No
Malcolm Roberts Queensland Yes
Pauline Hanson Queensland Absent
Sue Lines WA President No
Ralph Babet Victoria United Australia Party Absent
Totals (82% turnout) 42 Yes – 20 No