Tim Ayres (NSW, Australian Labor Party, Minister for Industry and Innovation) Share this | Link to this | Hansard source

In relation to general business notice of motion No. 130, Treasury requested that Housing Australia conduct a thorough search of records to respond to the order. The search resulted in the production of 21 documents with over 2,700 pages. All documents identified were executed funding agreements and schedules. A public interest immunity claim validly applies to these documents and the decision to redact sensitive information. This is because the documents identify the location of specific types of housing and reveal market-sensitive information with detrimental impacts on future HAFF funding rounds.

Redactions were made by Housing Australia for the following reasons. Firstly, the addresses for projects involve housing for people fleeing family and domestic violence and people moving into social and affordable housing. Despite the Senate's note that any specific harm could be overcome by disclosing information in general terms without the identity of those to whom it relates, redacting this information is necessary for the protection of the health and safety of members of the public and the reasonable expectation that their home address information remains private.

Secondly, commercial information on the quantum of availability payments and/or concessional loans is contained in the documents, and publishing this information would compromise future funding rounds by providing uneven or unfair commercial advantage if it were to become public.

Thirdly, the documents include detailed information about the proposed commercial arrangements of each project to deliver services. The release of this information would give the market information regarding the provider's ability to deliver projects and at what cost, compromising future funding rounds through providing an uneven or unfair commercial advantage. Some redactions were also applied to the individual names and contact details of non-senior executive staff following longstanding practice as the release may be harmful to their wellbeing as a result of having their personal information disclosed in circumstances where they did not agree to the release of this information.

In relation to OPD No. 41 for Minister Bowen, I previously advised the Senate that additional time is needed to consider all documents that might be captured in this request. I wish to advise the Senate today that that remains the case. In addition, I wish to advise the Senate that I intend to express the claim to withhold the tabling of all documents on the basis that documents are submissions to cabinet and inform cabinet deliberation. The confidence of ministers in the confidentiality of the cabinet process now and into the future would be diminished if the details of cabinet deliberations were to be disclosed prior to the open-access period provided for in the Archives Act 1983.

Disclosure prior to the open-access period under the Archives Act 1983 risks harm through a weakening of adherence by current and future ministers to the formal process for confidentiality, policy proposals for consideration by cabinet, draft and final cabinet documents briefings and record keeping of the cabinet. Unless ministers can be assured of the confidentiality of cabinet meetings, they may not speak freely or honestly between themselves and may be more likely to suppress their views on present policies that may be unpopular or politically embarrassing. Any of these outcomes would ultimately impact negatively on Australia's national interest. The confidentiality of cabinet extends to reviews and reports and any related consideration or discussion of those reviews and reports for deliberation by cabinet.

The 2035 target is part of Australia's nationally determined contribution under the Paris agreement, which Australia signed up to in 2015 under the Abbott government, and, if I recall correctly, former energy minister Mr Taylor led the cabinet discussions in relation to that question. Accordingly, it's an international commitment to the over 190 parties of that agreement, and of significance for Australia's international relations, particularly within the Pacific and our broader region. We intend to set our 2035 target in September, which is consistent with the deadline set by the United Nations Framework Convention on Climate Change. Under the requirements of the act, we need to consider independent advice from the Climate Change Authority, which is still being finalised. In December 2024, the chair of the authority, Mr Kean, indicated they would require additional time. (Time expired)