Senate debates

Wednesday, 22 March 2023

Documents

Attorney-General's Department; Order for the Production of Documents

3:49 pm

Photo of Wendy AskewWendy Askew (Tasmania, Liberal Party) Share this | | Hansard source

At the request of Senator Cash, I move:

That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 27 March 2023:

(a) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Attorney-General's Department, in relation to the proposed wording for the Voice referendum;

(b) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Solicitor-General and/or any correspondence between the Attorney-General's Department and the Solicitor-General in relation to the proposed wording for the Voice referendum;

(c) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Australian Government Solicitor, as well as any correspondence between the Attorney-General and/or his office and/or any correspondence between the Attorney-General's Department and the Australian Government Solicitor in relation to the proposed wording for the Voice referendum; and

(d) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Prime Minister and/or his office in relation to the proposed wording for the Voice referendum.

3:50 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | | Hansard source

As the opposition knows, the government is working through a cabinet process in relation to the Voice referendum, including in relation to the wording for the proposed constitutional alteration. The Referendum Working Group is providing the cabinet with advice as part of that process, and so is the Solicitor-General. Consistent with the longstanding practice followed by all governments, cabinet deliberations should be able to be conducted in secrecy so as to preserve the freedom of deliberation of that body. It would harm the public interest to undermine the confidentiality of the cabinet process by producing the document sought by Senator Cash or by producing legal advice.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The question is that general business notice of motion No. 189, standing in the name of Senator Cash, be agreed to.