PM&C accused of political 'interference' over national cabinet documents release: Senator Patrick

Independent senator Rex Patrick has characterised the Prime Minister and Cabinet's Department as being "politically-driven" for refusing to hand over national cabinet meeting minutes and submissions requested under freedom of information laws.

In a ruling by the Administrative Appeals Tribunal in August, a federal court judge declared the pandemic-created governmental forum was not considered a committee of cabinet and therefore could not use blanket exemptions to prevent public access.

But the central department has continued to rule against requests for documents generated by national cabinet, which the South Australian senator said pointed to increasing politicisation within the public service.

"I find a PM&C official seeking on spurious grounds to overrule a decision made by a justice of the Federal Court on the meaning of a statutory expression quite alarming," Senator Patrick said on Friday.

"This is politically driven obstruction that reflects very badly on PM&C officials who are supposed to uphold the highest standards of professionalism and impartiality.

"This latest action by PM&C raises grave concerns about the increasing politicisation of this agency under its current secretary, Philip Gaetjens."

A PM&C spokesperson defended the department's recent decision, pointing to a statement from state premiers and chief ministers in September affirming the importance of confidentiality.

The decision makers were also under no obligation to follow the tribunal's previous ruling, the spokesperson said.

"The AAT is a merits review body and does not make binding decisions in the same way as a court," an agency spokesperson said.

"A decision maker is entitled to review additional facts to those available to the AAT before making their decision."

Since the AAT ruling, Prime Minister Scott Morrison has introduced a new bill, which would enable national cabinet deliberations to remain secret.

A government-majority Senate committee recommended the proposed laws pass, with Coalition chair Senator Claire Chandler adding it was not unreasonable for government heads to want to discuss and make important decisions with the "protection of confidentiality".

Opposition and crossbench senators criticised the law for extending the "tentacles of secrecy", diminishing public knowledge on important issues and setting a dangerous precedent for future governments.

Sufficient protections in freedom of information laws were already in place to protect Commonwealth-state relations and deliberative processes, Labor's dissenting report said.

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Senator Patrick said he believed the department was under pressure from the Prime Minister to stall the release of any documents ahead of a federal election, expected to occur by May next year.

"[Mr Morrison has] got his department engaging in disgraceful obstruction and interference in an effort to prevent the further release of national cabinet documents before the election," he said.

"It is conduct that is inconsistent with the respect between members of the legislature, executive and judiciary that has developed over centuries.

"The Prime Minister is further dismantling long established conventions associated with our responsible system of government for short term political gain."

More than 50 information requests for national cabinet documents remain with the department awaiting a decision.

Senator Patrick said he expected those requests would be subject to similar rulings by PM&C bureaucrats to keep the documents hidden from the public.

"Politicised decision making cannot be allowed to destroy our freedom of information system," he said.

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