Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

In making this contribution to the debate, the government supports passage of the Evidence Amendment (Journalists’ Privilege) Bill 2010. Having recognised Senator Brandis’s amendment to refer this bill to the appropriate Senate committee—presumably the Senate legal and constitutional committee—the government certainly would support that motion. It seems entirely sensible. If there is a view that it should be a matter that a Senate committee should examine, then the government would certainly not be opposed to that. I understand Senator Xenophon has agreed to that process. Of course that will mean that, in terms of how this bill is then dealt with and the second reading contributions that we are making today prior to the Senate having examined, we may come back again after the Senate committee to have another second reading contribution. I suspect that is what people have also foreshadowed, or at least have indicated, by making short contributions. It is not a case that they would be speaking twice in the bill, but they may need to get leave to at least comment on the bill—or alternatively deal with it in the committee stage, which is usually a more appropriate way of dealing with it so that we do not have two contributions to a second reading debate, which would not be my preference as manager.

The government has long recognised the need for appropriate protections for journalists and their sources, having introduced amendments to the Commonwealth Evidence Act 1995 during the last term. Those reforms represented a step forward from the existing protections while remaining consistent with the framework of the model provisions agreed to by the Standing Committee of Attorneys-General. When parliament was prorogued earlier this year, the bill lapsed and the government declared its commitment to revisit the issue. Following constructive discussions with Senator Xenophon and the member for Denison, the Gillard government advised that it has given its support to this bill.

Journalists perform a crucial role in our democracy by making important information publicly available. This bill will support journalists in that task in two significant ways: (1) the bill will help ensure journalists have the confidence to report information that is in the public interest without fear of being held in contempt of court and (2) it will also encourage the full disclosure of information that is within the public interest by reassuring potential sources that their confidentiality can be maintained.

As the Attorney-General noted in his second reading speech to the House, the key element of this bill is the introduction of rebuttable presumption in favour of journalist privilege based on journalist shield laws in New Zealand. This allows a journalist who refuses to disclose the identity of a source or provide information that would disclose that identity where the journalist has promised to maintain the source’s confidentiality. However, there will also be circumstances where public interest considerations demand disclosure. Therefore, the bill permits a court to overturn the presumption where it has been satisfied by a party that the public interest in the disclosure outweighs, firstly, any likely adverse effect on the informant or any other person, secondly, the public interest in the communication of facts and opinion to the public by the press and, thirdly, the ability of the press to access sources of fact.

Such circumstances could arise, for example, in relation to matters that pose a risk to Australia’s foreign relations, law enforcement operations or where lives may be endangered. The government supports uniform evidence laws and will work with the states and territories through the Standing Committee of Attorneys-General to progress a harmonised approach to journalist shield laws. The bill will provide a good basis for the states and territories wishing to introduce laws based on rebuttable presumption in favour of journalist privilege.

In conclusion, this bill will provide an appropriate balance between the public’s ability to freely access information and the public interest in the prosecution of a crime. The bill is an excellent example of what can be achieved in this parliament through cooperation. I thank Senator Xenophon, the opposition and the member for Denison for their work, particularly Senator Xenophon and the member for Denison for introducing this bill and for their willingness to work with the government on this important issue. I indicate the government’s support for the bill, recognising that it will shortly be referred to the Senate committee and we will then resume at a later time to deal with the subsequent committee report and the committee stage of the bill.