David Pocock (ACT, Independent) Share this | Hansard source

I move:

That the Senate—

(a) notes that on 26 November 2025, the Senate agreed to order for the production of documents no. 288 (the order), requiring the Minister for Finance and Minister representing the Treasurer, and the Minister representing the Prime Minister, to table specified correspondence concerning cost-saving targets by 28 November 2025;

(b) notes that the response provided by the minister relies on a claim of Cabinet confidentiality and public interest immunity;

(c) notes that, as set out in Odgers' Australian Senate Practice, a claim of Cabinet confidentiality relates only to disclosure that would reveal the actual deliberations of Cabinet, and that a claim cannot be sustained merely because a document has a connection to Cabinet processes;

(d) notes that the Government has neither established that disclosure of the documents sought would reveal Cabinet deliberations nor specified the harm that would occur if they were released;

(e) rejects the claim of public interest immunity made in response to the order; and

(f) orders that the documents specified in the order be laid on the table by 9 am on Wednesday, 4 March 2026, or, if any documents are withheld, that the minister table a statement identifying:

(i) the specific document withheld, and

(ii) how disclosure of that document would reveal Cabinet deliberations and specify the harm that would occur if the document was released.