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

Motion text

That the Senate—

(a) notes that:

(i) order for the production of documents no. 371, agreed to by the Senate on 7 November 2023, relating to Australian Research Council (ARC) review reports has not been fully complied with,

(ii) the Minister for Education, in his response to the order, made a claim of public interest immunity on the basis that the ARC financial sustainability report has been used to inform ongoing Cabinet deliberations and to ensure Cabinet remains an appropriate forum for informed consideration of policy advice, and

(iii) it is accepted that deliberations of the Executive Council and of the Cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of those bodies, however, this ground relates only to disclosure of deliberations; and

(b) rejects the public interest immunity claim made by the Minister for Education, noting that:

(i) the disclosure of the ARC financial sustainability report does not constitute a disclosure of deliberations of Cabinet, and

(ii) the Government has not outlined why the ARC financial sustainability report itself, as opposed to the Cabinet's deliberations on the report, cannot be disclosed, including how disclosure of the report itself could harm the public interest; and

(c) requires the Minister representing the Minister for Education to comply with the order by no later than 10 am on 5 December 2023.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (82% turnout) 0 Yes 9 No
Penny Allman-Payne Queensland No
Sarah Hanson-Young SA No
Nick McKim Tasmania No
Barbara Pocock SA No
Janet Rice Victoria No
David Shoebridge NSW No
Jordon Steele-John WA No
Larissa Waters Queensland No
Peter Whish-Wilson Tasmania No
Dorinda Cox WA Absent
Mehreen Faruqi NSW Absent
Australian Labor Party (68% turnout) 0 Yes 17 No
Tim Ayres NSW No
Catryna Bilyk Tasmania No
Carol Brown Tasmania No
Anthony Chisholm Queensland 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
Tony Sheldon NSW No
Marielle Smith SA No
Glenn Sterle WA No
Jana Stewart Victoria No
Anne Urquhart Tasmania No
Jess Walsh Victoria No
Murray Watt Queensland No
Raff Ciccone Victoria Absent
Patrick Dodson WA Absent
Don Farrell SA Absent
Katy Gallagher ACT Absent
Deborah O'Neill NSW Absent
Louise Pratt WA Absent
Linda White Victoria Absent
Penny Wong SA Absent
Jacinta Nampijinpa Price NT Country Liberal Party Yes
Andrew McLachlan SA Deputy President Absent
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 (61% turnout) 14 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
Hollie Hughes NSW Yes
Jane Hume Victoria Yes
Maria Kovacic NSW Yes
Kerrynne Liddle SA Yes
Gerard Rennick Queensland Yes
Linda Reynolds WA Yes
Anne Ruston SA Yes
Dave Sharma NSW Yes
Simon Birmingham SA Absent
Andrew Bragg NSW Absent
Michaelia Cash WA Absent
David Fawcett SA Absent
Sarah Henderson Victoria Absent
Matt O'Sullivan WA Absent
James Paterson Victoria Absent
Paul Scarr Queensland Absent
Dean Smith WA 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 (100% turnout) 2 Yes 0 No
Pauline Hanson Queensland Yes
Malcolm Roberts Queensland Yes
Sue Lines WA President Absent
Ralph Babet Victoria United Australia Party Yes
Totals (70% turnout) 27 Yes – 26 No