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

The government opposes this ill-conceived motion. To be clear, the commissioner has expressed a view, which is in a letter to the Clerk of the Senate dated 11 November 2010, about his inability to exercise a function as Australian Information Commissioner that has not been given to him under legislation. The powers of the Australian Information Commissioner are clearly set out in the Australian Information Commissioner Act 2010, which was passed through parliament on 13 May 2010. Those powers do not include a power to arbitrate in disputes over the production of documents that arise on the floor of parliament. It is the case that agreements reached between the ALP, the Greens and the Independent members for Denison, New England and Lyne propose that the Information Commissioner have a role in this process. The government is committed to implementing these agreements, but the relationship of the commissioner to the parliament and the functions involved do raise some implementation issues.

The Prime Minister has therefore asked the Department of the Prime Minister and Cabinet to examine the issue and advise on possible options for implementing the agreements. Once that advice is received, the government will progress this initiative. If the Australian Information Commissioner is to have this function, it is necessary and appropriate for the functions, powers and protections that would accompany it to be stipulated in legislation.

I might add that the Information Commissioner does not hold the Treasury documents that, I am advised, have led to this motion. For the reasons outlined, the government opposes this motion.