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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-05-31 Daily Xml
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Cabinet Documents

The Hon. R.I. LUCAS (15:47): I rise to speak about the issue of access to cabinet documents by the Auditor-General and the ICAC Commissioner. The Auditor-General first raised this issue of the changed policy of the secretive Weatherill government when he said that in September he had been advised that the policy had changed in relation to cabinet documents. He indicated in his report that he was advised that, whilst routine access had been refused, there was still the option that he could seek access to cabinet documents and that a request may be considered by cabinet as to whether it considers an exception to the policy is warranted, depending upon the circumstances of any particular investigation undertaken by the investigative agency.

As members will be aware, in recent days the commissioner has indicated an intention to proceed with an inquiry in relation to Oakden. Various ministers and former ministers, including former minister Gail Gago, are potentially the subject of the investigation inquiry. The commissioner has made it clear that he has not made any request under this new policy for access to cabinet documents at this stage, yet when the premier was asked whether or not access would be given he indicated that there would be a blanket refusal for access to cabinet documents.

As the commissioner has pointed out, he has not as yet even complied with the policy of requesting access to documents. So, I think it is incumbent on the Premier, Attorney-General Rau and the government to indicate, given that they announced this new policy, how they have in fact complied with the new policy when there has not been a request, yet they are point-blank saying they will refuse access to any document.

It does raise the question, as many journalists, many in the media and many commentators are raising, that if there is this blanket refusal from the Premier, there must be a particular reason. Is he trying to protect minister Gago, minister Hill, minister Snelling, minister Vlahos or, indeed, himself from what might be obtained in a cabinet document?

In evidence to the Budget and Finance Committee, in explaining his understanding of the policy, the Auditor-General agreed that he had been told that it would have to be a cabinet decision as to whether or not he would get access to a cabinet document. He also indicated that his understanding had been that he would get access, without going to cabinet, to what is known as the cabinet decisions; that is, he would be seeing the decision set that came out of cabinet deliberations because we would need to see those, especially where they provide the authority for the next steps of action. That is not actually the cabinet submission or, indeed, what has been banned, evidently, as access to documents leading towards the cabinet submission, but the cabinet decision that might have arisen as a result of it.

The Auditor-General highlighted that prior to Christmas they had actually requested a copy of a cabinet decision, as opposed to submission or documents supporting a submission, and as of 6 February had still not received a response as to whether they would even get access to the cabinet decision, let alone issues of cabinet submissions. The Auditor-General did highlight that he was considering legal advice. We asked him the question as to whether that would be Crown law and there was obviously a potential conflict. He did agree that previously they had sought external legal advice in relation to the issue as to whether or not the coercive powers that the Auditor-General has override a decision in relation to cabinet to confidentiality and refusal to provide cabinet documents.

The Auditor-General said that was an issue that he was considering, and that was in February of this year. Given the recent developments in relation to the commissioner and his powers in relation to how that applies to a refusal to provide a cabinet document, it would be useful to hear from the Auditor-General at the moment, given that he has now had more than three months to reflect on the advice that he gave to the Budget and Finance Committee, as to what his position is and what his legal advice is in relation to whether or not the coercive powers that he has overrides a refusal by the Premier to provide a critical cabinet document or documents which were used in the preparation of a cabinet document which never actually went to cabinet anyway.

I think it would be informative in terms of this public debate if an opportunity was made available for the Auditor-General to answer some questions in relation to his progress on this critical issue, given the Weatherill government's recent statements on cabinet documents.

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