Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Foreign Affairs and Trade) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes that order for the production of documents (OPD) no. 47, agreed to on 29 July 2025, required the Minister representing the Minister for the Environment and Water to table the incoming government briefs prepared by the Department of Climate Change, Energy, the Environment and Water for the incoming minister after the May 2025 federal election by no later than midday on 31 July 2025;

(b) notes that, in responding to the order on 30 July 2025, the minister did not provide Volume 1 of the brief and Volume 2 was presented with redactions;

(c) notes that the minister did not address why Volume 1 was not provided or why Volume 2 was presented with redactions, other than noting that briefs have been released publicly in response to a freedom of information (FOI) request 'with exemptions applied in accordance with the Freedom of Information Act';

(d) notes that:

(i) when the Senate orders ministers to produce documents, they are obliged to do so, subject to the determination by the Senate of any claim that it would not be in the public interest to comply, and

(ii) public interest immunity claims must be accompanied by a statement of the ground for that conclusion, specifying the harm to the public interest that could result from the production of the document in the Senate;

(e) rejects the direct application of the exemption categories in the FOI Act to orders for the production of documents because they do not provide an adequate basis for withholding information or documents from the Senate; and

(f) requires the minister, by no later than midday on Wednesday, 5 November 2025, to either:

(i) table both volumes of the incoming government brief to the Minister for the Environment and Water without redaction, or

(ii) provide the Senate with a proper explanation of the harm that would result from release of the briefs that would enable the Senate to determine the claims raised.

Question agreed to.