Michelle Rowland (Greenway, Australian Labor Party, Attorney-General) Share this | Hansard source

The government opposes the amendment. Part 3 of schedule 7 inserts three public interest considerations that would weigh against the disclosure of information under the deliberative processes exemption. The amendments provide greater statutory guidance in respect of the harms the exemption is designed to protect. The amendments reflect the effective operation of government, including the development of high-quality and robust policy, and rely on agencies being able to provide and ministers being able to consider frank and comprehensive advice in confidence. Other like-minded jurisdictions such as the United Kingdom and New Zealand recognise such factors as relevant considerations in assessing the public interest in disclosure. Importantly, the deliberative processes exemption remains a conditional exemption, subject to the public interest test, and, in applying the exemption, the decision-maker will still need to weigh the public interest considerations for and against disclosure.

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