Summary

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The majority voted in favour of a motion introduced by NSW Senator Ross Cadell (Nationals), which means it was passed.

Motion text

That the Senate—

(a) notes that:

(i) order for production of documents no. 251 was agreed by the Senate on 19 June 2023, requiring the Minister for Finance to table all briefing materials prepared for the Minister by the Department of Finance for the Budget estimates hearings, and all briefing materials prepared by the department for the members of the Senior Executive Service of the department relating to the Budget estimates hearings,

(ii) the Minister for Finance wrote to the President on 30 June 2023 regarding this order and, despite selectively quoting from Odgers' Australian Senate Practice, did not make any claim of public interest immunity over the documents sought, as required by Odgers and past Senate practice,

(iii) the documents referenced in the order are routinely sought and provided under freedom of information legislation, a mechanism with less scope and force than the powers of the Senate, and

(iv) the department keeps digital copies of the documents sought within its document management system specifically so that they are easily accessible;

(b) rejects the inaccurate and evasive claims by the Minister for Finance in her letter of 30 June 2023 that compliance with the order was 'unprecedented and onerous' and would 'change the way that all government departments and agencies prepared for estimates and, indeed, all committee processes in the future'; and

(c) requires the Minister for Finance to comply with the order by no later than midday on Monday, 7 August 2023.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (82% turnout) 0 Yes 9 No
Dorinda Cox WA No
Mehreen Faruqi NSW No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Penny Allman-Payne Queensland Absent
Jordon Steele-John WA Absent
Australian Labor Party (76% turnout) 0 Yes 19 No
Tim Ayres NSW No
Carol Brown Tasmania No
Anthony Chisholm Queensland No
Raff Ciccone Victoria No
Don Farrell SA No
Nita Green Queensland No
Karen Grogan SA No
Jenny McAllister NSW No
Malarndirri McCarthy NT No
Deborah O'Neill NSW No
Fatima Payman WA No
Helen Polley Tasmania No
Louise Pratt WA No
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Linda White Victoria No
Catryna Bilyk Tasmania Absent
Patrick Dodson WA Absent
Katy Gallagher ACT Absent
Jana Stewart Victoria Absent
Murray Watt Queensland Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Yes
David Pocock ACT Independent Yes
Lidia Thorpe Victoria Independent Absent
David Van Victoria Independent Absent
Jacqui Lambie Network (100% turnout) 2 Yes 0 No
Jacqui Lambie Tasmania Yes
Tammy Tyrrell Tasmania Yes
Liberal National Party (100% turnout) 2 Yes 0 No
Matthew Canavan Queensland Yes
James McGrath Queensland Yes
Liberal Party (74% turnout) 17 Yes 0 No
Alex Antic SA Yes
Wendy Askew Tasmania Yes
Slade Brockman WA Yes
Claire Chandler Tasmania Yes
Richard Colbeck Tasmania Yes
Jonathon Duniam Tasmania Yes
Sarah Henderson Victoria Yes
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Maria Kovacic NSW Yes
Kerrynne Liddle SA Yes
Matt O'Sullivan WA Yes
James Paterson Victoria Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Paul Scarr Queensland Yes
Dean Smith WA Yes
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Michaelia Cash WA Absent
David Fawcett SA Absent
Marise Payne NSW Absent
Anne Ruston SA Absent
National Party (100% turnout) 4 Yes 0 No
Ross Cadell NSW Yes
Perin Davey NSW Yes
Susan McDonald Queensland Yes
Bridget McKenzie Victoria Yes
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 Yes
Totals (78% turnout) 30 Yes – 29 No