House debates

Tuesday, 4 February 2020

Notices

National Archives of Australia (Question No. 258)

Photo of Julian HillJulian Hill (Bruce, Australian Labor Party) Share this | | Hansard source

asked the Attorney-General, in writing, on 28 November 2019:

(1) In respect of the Government's response to questions by Senator Rex Patrick that between the 2015-2016 financial year and May 2018 the National Archives of Australia (NAA) had spent $926,474.89 on legal costs to defend access requests, how much has the NAA spent on legal costs between May 2018 and the date of answering this question in defending such requests.(2) How much has the NAA spent on legal costs since 1 June 2016 and the date of answering this question in relation to the release request made by historian, Professor Jenny Hocking, for: (a) access to archival record AA1984/609; (b) access to all original correspondence received by, and all contemporaneously made copies of, correspondence sent between former Governor-General, Sir John Kerr, or his Official Secretary to and from the Queen by means of her Private Secretary; and (c) the release of records and information in relation to the 'Palace letters' case (High Court Case Number: Case No. S262/2019) currently before the High Court.(3) How much does the Attorney-General estimate the NAA will spend on legal costs in relation to the release requests detailed in questions (2) (a), (b) and (c).(4) In relation to questions (2) (a), (b) and (c), what is the itemised breakdown of the expenditure.(5) Have costs been incurred by any other Commonwealth agencies or departments in relation to the release requests detailed in questions (2) (a), (b) and (c); if so: (a) which agencies or departments; (b) what are the total and itemised costs to date; and (c) what are the estimated total and itemised costs.

Photo of Christian PorterChristian Porter (Pearce, Liberal Party, Attorney-General) Share this | | Hansard source

The answer to the honourable member's question is as follows:

1. The National Archives of Australia (NAA) has spent $484,628.14 on legal costs arising from appeals against access decisions in the period May 2018 to 10 January 2020.

2. From 1 June 2016 to 10 January 2020 the NAA has spent $682,692.05 on this matter.

3. As the matters mentioned in the answer to Question 2 are still before the Court, the NAA is unable to estimate remaining legal costs in relation to AA1984/609.

4. All expenditure for these matters relate to professional services from the Australian Government Solicitor (AGS). Expenditure covers services such as drafting and reviewing correspondence, research and court attendance.

5. From October 2019, the NAA and the Attorney-General's Department (AGD) agreed to split the legal costs 75/25 relating to the matters raised in question 2. To date, the AGD has incurred costs amounting to $23,105.41 for AGS services. The NAA is unaware of any other legal costs that may have been incurred by any other Commonwealth entity in relation to the Hocking matter.