Department says fmr attorney-general Christian Porter has access to 'privileged' info in $300bn Clive Palmer claim

Attorney-General's assistant secretary Jesse Clarke told the Senate legal and constitutional affairs legislation committee that the department reviewed the information Mr Porter had access to while attorney-general after media reports that he was part of the legal team advising Mr Palmer's Singapore-based company Zeph Investments in its action against the Commonwealth.

In late March it was revealed that Zeph Investments had enlisted the help of Mr Porter in the case in which it alleges the Commonwealth breached its obligations under the ASEAN-Australia-New Zealand Free Trade Agreement regarding investment and compensation for the seizing of property .

Mr Clarke said that upon learning of Mr Porter's role in the dispute, "the department checked its records and confirmed that while Mr Porter was attorney-general he received confidential and privileged information and took decisions regarding the conduct of the dispute while he was attorney-general".

The official said that after the department contacted Mr Porter, he provided a statement that he was not involved in the case and had not divulged any privileged information relating to it.

"Following the department establishing that information was received by Mr Porter while he was attorney-general we sought, and have subsequently received, confirmation from Mr Porter that he has in fact not been retained, nor will he act for, Mr Palmer or any of his companies in relation to this dispute. Nor has he passed on any confidential information to them," Mr Clarke said.

The incident is the latest in a series of revelations that have fuelled concerns about the move by former politicians into consultancies and other commercial arrangements once they leave politics.

The Centre for Integrity has called for stronger rules to prevent the "swift transition" of former politicians and political advisers into roles that "potentially exploit personal connections and policy knowledge".

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Under the current Lobbying Code of Conduct, former ministers or parliamentary secretaries must not engage in lobbying activities in relation to any matter with which they had "official dealings" for 18 months after leaving office. For former ministerial advisers, Defence officers and senior public servants, the period is 12 months.

In a report released earlier this month, the centre condemned the regime as one of the weakest in the country, pointing out that former senior politicians, advisers and officials including former defence ministers Christopher Pyne and Joel Fitzgibbon, former foreign affairs minister Julie Bishop and former Morrison staffer Jarryd Williamson had all transitioned into lucrative private sector positions within two years of leaving politics.

The centre said the code of conduct should be enshrined in legislation, enforced with penalties for breaches and be overseen by an adequately resourced regulator rather than as currently, by the Attorney-General's Department.

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