Senate debates

Wednesday, 4 February 2026

Documents

Department of the Prime Minister and Cabinet; Order for the Production of Documents

4:08 pm

Photo of Fatima PaymanFatima Payman (WA, Australia's Voice) Share this | | Hansard source

I move:

That the Senate—

(a) notes that:

(i) the Minister representing the Minister for Communications has failed to comply with order for the production of documents no. 37 (the order), agreed to on 28 July 2025, relating to the development of legislative instruments for the social media ban,

(ii) in a letter relating to a subsequent order requiring the tabling of an explanation of the basis for the minister's public interest immunity claim, the Minister for Communications advised that no further information is available regarding the claim, and

(iii) no further information has been provided since the Minister representing the Minister for Communications' attendance in the Senate on 29 October 2025; and

(b) requires the Minister representing the Minister for Communications to lay on the table, by no later than 5 pm on 12 February 2026, either:

(i) a comprehensive justification of all elements of the public interest immunity claim made in relation to the order, or

(ii) the unredacted documents sought by the order.

4:09 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

by leave—I move:

Omit paragraphs (a)(iii) and (b), substitute:

(iii) Senator Payman has been offered multiple briefings by the Minister for Communications on various topics related to online safety and the senator has declined these offers; and

(b) requires no further action from the minister.

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

The question is that the amendment as moved by Minister Gallagher to general business notice of motion 318 be agreed to.

4:13 pm

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I seek leave to make a short statement of no longer than one minute.

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

Leave is granted.

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

In relation to OPDs sought by Senator Payman in notices of motion numbers 318, 319, 322, 323, 327 and 328, I indicate that I cannot support the motions. Many of the documents sought are either publicly available or can be more effectively pursued through Senate estimates next week. OPDs are clearly a vital power of the Senate but must be used effectively alongside other transparency mechanisms and only when appropriate. In my view, the information sought by these OPDs, while in the public interest, can be better achieved through different channels in a way that takes fewer resources from the APS.

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

The question is that general business notice of motion No. 318, standing in the name of Senator Payman, be agreed to.