Personal Information and Privacy

David Shoebridge

I move:

That the Senate—

(a) notes that:

(i) on Thursday, 2 July 2026, the Senate agreed to order for the production of documents no. 559, relating to documents held by the Office of the Australian Information Commissioner (OAIC), with a compliance date of no later than Tuesday, 28 July 2026,

(ii) on Thursday, 30 July 2026, the Minister representing the Attorney-General provided a response from the Attorney-General:

(A) claiming that the documents contain sensitive information, and

(B) raising public interest immunity claims on the grounds of legal professional privilege and that release of the documents would prejudice legal proceedings, and

(iii) the order has not been complied with;

(b) rejects the public interest immunity claims raised by the Attorney-General, noting that:

(i) as outlined in Odgers' Australian Senate Practice, the Senate has rejected government claims that there is a long-standing practice of not disclosing privileged legal advice and this claim is undermined by the fact that governments disclose legal advice when they choose to do so, particularly where the advice supports a government position, and

(ii) the Attorney-General's response sets out the rationale for the doctrine of legal professional privilege in general terms but does not establish how disclosure of the particular documents could cause harm to individuals or how disclosure would prejudice pending legal proceedings; and

(c) requires the Minister representing the Attorney-General to produce the following documents set out in paragraphs (a) and (e) of the original order, subject only to the redaction of information that may be reasonably capable of causing harm to an individual, by 5 pm on Tuesday, 18 August 2026:

(i) the full text of the determination and the Australian Privacy Commissioner's reasons, and

(ii) all correspondence between the OAIC and American Express Australia Limited, or its representatives, concerning confidentiality, publication or any restriction on disclosure.

Slade Brockman

The question is that the motion moved by Senator Shoebridge be agreed to.