Senate debates

Monday, 27 March 2023

Questions without Notice

Australian Constitution

2:58 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

My question is to the Minister representing the Prime Minister, Senator Farrell. Is it correct that the Keating government released the Solicitor-General's advice provided to the then government's advisory committee ahead of the referendum to establish an Australian republic? Is it also correct that the Gillard government released the Solicitor-General's advice in relation to border protection policies?

2:59 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I don't know the answer to either of those questions, but I'm very happy to make some inquiries and find out what the answers to those two questions are.

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

Senator Scarr, first supplementary?

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

Senator Farrell, I can save you the work and say they did. And given these precedents, including the provision—

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

Just a moment, Senator Scarr.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

Point of order: if the senator knows the answer, what's the point of asking me the question?

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

Minister Farrell, that is not a point of order.

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

Given these precedents, including the provision of the Solicitor-General's advice for the last proposed referendum to change the Australian Constitution, will the Albanese Labor government make the Solicitor-General's advice relating to its proposed constitutional amendment available to the Australian public and the parliamentary select committee that it proposes to establish?

3:00 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

My understanding is the Attorney-General is not proposing to make that advice public.

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

Senator Scarr, a second supplementary?

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | | Hansard source

On what public interest ground is the Albanese Labor government refusing to release the Solicitor-General's advice relating to its proposed constitutional amendment prior to Australians having to cast their votes on it?

3:01 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I thank Senator Scarr for his second supplementary question. I'll ask the Attorney-General to come back with an answer on that question. Madam President, I ask that further questions be placed on the Notice Paper.