Wendy Askew (Tasmania, Liberal Party) Share this | Link to this | Hansard source

At the request of Senator Kovacic, I move:

That—

(a) the Senate notes that:

(i) order for the production of document no. 14, directed to the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government and agreed to by the Senate on 23 July 2025, requiring the minister to table documents relating to the New England Highway has not been complied with,

(ii) the scope of the order is broad and covers all documents regarding the new overpass on the New England Highway at Maitland held by the Minister for Infrastructure, Transport, Regional Development and Local Government (the minister), their office and the Department of Infrastructure, Transport, Regional Development, Communications, Sports and the Arts,

(iii) the minister's response to the order tabled only a single explanatory letter asserting a claim of public interest immunity over all documents that fell within the scope of the order, and

(iv) the minister has not provided the Senate with a list of the documents withheld, nor identified their titles, subject matter, dates or intended audiences;

(b) the Senate:

(i) reaffirms the principle that in the face of executive claims of public interest immunity the Senate has not conceded its right ultimately to determine such claims, and

(ii) agrees that the Senate cannot determine claims of public interest immunity if the nature of the documents are withheld from the Senate;

(c) that there be laid on the table by the representing Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, by no later than Tuesday, 2 September 2025, a list of all documents responsive to order no. 14 to which public interest immunity is claimed, including the following information:

(i) the title of the document (or a short descriptive title if untitled),

(ii) the date of the document, and

(iii) which specific public immunity ground is being claimed.

Question agreed to.