Department of Education - Order for the Production of Documents

The same number of senators voted for and against a motion introduced on behalf of Victorian Senator Sarah Henderson (Liberal), which means it failed.

Motion text

That the Senate—

(a) notes that:

(i) the order for the production of documents no. 371, agreed to by the Senate on 7 November 2023, relating to Australian Research Council (ARC) review reports has not been fully complied with,

(ii) the Minister for Education, in his response to the order, made a claim of public interest immunity on the basis that the ARC financial sustainability report has been used to inform ongoing Cabinet deliberations and to ensure Cabinet remains an appropriate forum for informed consideration of policy advice, and

(iii) it is accepted that deliberations of the Executive Council and of the Cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of those bodies, however this ground relates only to disclosure of deliberations;

(b) rejects the public interest immunity claim made by the Minister for Education, noting that:

(i) the disclosure of the ARC financial sustainability report does not constitute a disclosure of deliberations of Cabinet, and

(ii) the Government has not outlined why the ARC financial sustainability report itself, as opposed to the Cabinet's deliberations on the report, cannot be disclosed, including how disclosure of the report itself could harm the public interest; and

(c) requires the Minister representing the Minister for Education to comply with the order by no later than midday on 30 November 2023