Senate debates

Monday, 22 November 2010

Information Commissioner

3:43 pm

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Shadow Assistant Treasurer) Share this | Hansard source

Just quickly in response to some of the comments by Senator Ludlam: I think he is well aware that I have pursued for some time now, in the interests of greater accountability and a capacity for the Senate to scrutinise the activities of government, the requirement for governments to properly be required to explain any refusal to release information sought by the Senate—in particular a requirement to point to the public interest ground and to explain the harm to the public interest that would follow from the release of the information which the government is refusing to release.

Having said that, I advise the Senate that this motion is exclusively based on advice from the Clerk of the Senate. Very clearly, this government has for some time now refused to provide information that has been sought by the Senate on a range of issues. This time it is in relation to the mining tax, but it has been, as Senator Ludlam has outlined, in relation to a great variety of matters. In fact, this government has been very secretive in its approach to the release of information. There is a proper process to be followed here. If the government wants to refuse to provide information sought by the Senate or by a Senate committee, it has to point to the public interest ground on which that refusal is based and it has to explain the harm to the public interest. The government consistently refuses to do so. I believe this is quite contemptuous of the role of the Senate.

In the agreement between the Greens and the government and between Mr Windsor and Mr Oakeshott and the government it was agreed that any disputes in relation to the release of documents ought to be arbitrated by the Information Commissioner. Clearly the Information Commissioner has the power to do so—as is outlined in this motion which is based on advice from the Clerk—because nothing in the act prohibits him from doing so and under the Constitution he has that capacity. This role does not just encompass documents already in existence; it also encompasses documents required to be created for the purpose. (Time expired)

Question agreed to.

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