Read The Times Australia

Daily Bulletin

Morrison government loses fight for national cabinet secrecy

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra
Morrison government loses fight for national cabinet secrecy

The Morrison government has been dealt a blow with the Administrative Appeals Tribunal ruling national cabinet is not a committee of federal cabinet and therefore is not covered by cabinet confidentiality.

This means its documents are accessible under freedom of information legislation. The federal government had argued that, as a cabinet committee, it was exempt from FOI.

The challenge to national cabinet secrecy was brought by crossbench senator Rex Patrick.

In his judgment, federal court Justice Richard White said: “The mere use of the name ‘National Cabinet’ does not, of itself, have the effect of making a group of persons using the name a ‘committee of the Cabinet’.

"Nor does the mere labelling of a committee as a ‘Cabinet committee’ have that effect.”

White rejected the government’s argument the prime minister had the ability to determine what a cabinet committee was.

“This seemed tantamount to a submission that any committee may be a ‘committee of the Cabinet’ for the purposes of the FOI Act merely because the Prime Minister of the day has purported to establish it as such. This premise is unsound,” White said.

Patrick said the decision was “a decisive win for transparency and accountability”.

He said what Morrison labelled “national cabinet” was a faux cabinet – in effect, the former Council of Australian Governments by another name.

“For almost 40 years Australians have had a legal right under the Freedom of Information Act 1984 to access information relating to intergovernmental meetings, subject only to a test of public harm,” Patrick said.

Morrison had tried to take that right away, he said.

“He did not ask the Parliament to change the law, he just declared that National Cabinet to be part of the Federal Cabinet and as such exempt under the Cabinet secrecy exemption of the FOI Act.

"That arrogant declaration has now been overturned,” Patrick said.

He said this now “opens the vault” including to documents of the Australian Health Protection Principal Committee, which advises national cabinet.

Shadow attorney-general Mark Dreyfus said the ruling rejected what had been a “tricky marketing ploy” by Morrison. The government was “addicted to secrecy”, he said.

The government can appeal the decision. There is a stay of 28 days before it has to hand over to Patrick the documents he sought.

The judgment, unless overturned, will mean the Senate’s COVID committee will be able to seek access to information it has been refused on confidentiality grounds.

An Australia Institute poll done in May found 58% of people supported allowing national cabinet documents to be accessible via FOI requests.

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/morrison-government-loses-fight-for-national-cabinet-secrecy-165693

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...