Senate debates

Tuesday, 18 August 2026

Questions without Notice

Freedom of Information

2:24 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

My question is for the Minister representing the Attorney-General, Minister Farrell. The Albanese government came to office promising greater transparency and a promise to sweep away the culture of secrecy. The rate of FOI requests granted full access—that means with nothing blacked out—has dropped to just 25 per cent. At the same time, independent reviews have found that more than half of FOI blackouts were actually not legally justified. This is a serious deterioration in transparency and accountability in your government. What mandatory training requirements must FOI decision-makers meet to ensure that they understand the FOI Act and that they don't deny access to information we are legally entitled to?

2:25 pm

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

I thank Senator Lambie for her question. I reject your fundamental proposition that this government is not doing enough on transparency. I'll give you an example. In my own portfolio, Senator Lambie, we have made changes to the electoral laws of this country, which will come into operation on 1 January next year, which will require any donors to political parties to disclose those donations within seven days of them being granted and at a much lower threshold than is currently in place.

But, to answer the specifics of your question, the government does seek to update the FOI rules. I'm not particularly au fait with what training officials get in this regard, and I'm happy to investigate that and come back to you with a formal response, Senator Lambie. I do know that Mr Rex Patrick has made a business out of working for—

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

Minister Farrell, please resume your seat. Senator Lambie?

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

On a point of order, this is not about Rex Patrick. This is about everyday Australians, your FOIs and your secrecy. That is what this is about.

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

The minister is being directly relevant to your question, and I'll continue to listen carefully. Minister Farrell, please continue.

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

Can I say this, Senator Lambie: the way in which individuals like Rex Patrick are abusing the FOI system means that—

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

Senator Lambie, the way you raise a point of order is to stand. If I don't notice you immediately, the clerk will advise me that you are standing. I understand you have a point of order.

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

On a point of order, this is about everyday Australians, and you saying that he abuses the process—maybe it's because you're abusing secrecy and transparency. Enough of Patrick—

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

Senator Lambie, resume your seat. That is a debating point. The minister is being relevant to your question. Minister Farrell, please continue.

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

This government wants to modernise the FOI system so that those people who genuinely want reasonable information out of the system can get it and can get it quickly. (Time expired)

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

Senator Lambie, first supplementary?

2:28 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

With all due respect, Minister, whilst you're out there at your winery—you can understand—you might want to know that there are no mandatory training requirements, and there lies your problem. How much taxpayer money did the Commonwealth spend last year defending FOI refusals that were subsequently overturned by an independent authority—that is, the decision was wrong?

2:29 pm

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

Can I say that you and Rex are most welcome to come out to the vineyard in the Clare Valley at any time. I know that you're spending a lot of time in South Australia, so that would be an opportunity to come and visit.

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

Minister Farrell, please resume your seat. Senator Lambie?

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

Just so we're quite clear, on a point of order, I haven't been in South Australia for well over 12 months.

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

Senator Lambie, that is a debating point.

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

You're welcome at any time, Senator Lambie. The government recognises freedom of information is a vital feature of our democracy, but the fact of the matter is that the system requires updating. The system must be made more efficient and effective for those people who are genuinely seeking information to protect the safety of public servants, save taxpayers' money on vexatious requests and ensure that our freedom of information laws cannot be exploited. (Time expired)

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

Senator Lambie, second supplementary?

2:30 pm

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

Access to documents through the FOI Act is clear, and their release is not to be hindered by political embarrassment. Will the government establish a means of assessing the suitability of FOI decision-makers to access documents when their decisions have been found to be wrong by an independent authority?

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

I thank Senator Lambie for her second supplementary question. The whole point of the government's review of the FOI system is to make it more fit for purpose. To the extent that changes are necessary—and we believe that changes are necessary because there are people out there who are vexatiously or maliciously using the system currently. That wasn't the original purpose of the FOI laws. It shouldn't be the current purpose of the FOI laws. I'm happy on behalf of the Attorney-General to engage with you, Senator Lambie.

Photo of Jacqui LambieJacqui Lambie (Tasmania, Jacqui Lambie Network) | | Hansard source

A point of order: I just asked if the government intends to establish a means of assessing the suitability of FOI decisions when the decisions from the independent authority are incorrect? Yes or no?

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

The minister is being relevant to your question.

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

Senator Lambie, I'm offering you the opportunity to engage with me, on behalf of the Attorney-General. (Time expired)