Australian Public Service Commission

David Pocock

I move:

That the Senate—

(a) notes:

(i) that on 23 July 2025, the Senate ordered the Minister for the Public Service to produce the final report of the public sector board appointments processes, and

(ii) the minister has refused to comply with order for the production of documents no. 10, stating that the document has been prepared for Cabinet deliberation and is therefore protected by Cabinet confidentiality;

(b) rejects the claim made by the minister, and notes the guidance of Odgers' Australian Senate Practice that claims of Cabinet confidentiality should relate only to the deliberations of Cabinet itself and not every document that merely has a connection to Cabinet;

(c) further notes that, according to the Australian Public Service Commission's website and in documents released under the Freedom of Information Act 1982, the final report of the review was expected to be published in late 2023, indicating the report was actually prepared for public release and not solely for Cabinet deliberation; and

(d) orders that the report be laid on the table by the Minister for the Public Service, by no later than midday on Tuesday, 26 August 2025.

Katy Gallagher

I seek leave to make a short statement.

Slade Brockman

Leave is granted for one minute.

Katy Gallagher

The government will not be supporting this motion. The report referenced in this motion is being used to inform government decisions at a cabinet level, and actual deliberations of the executive council or cabinet are protected from disclosure. In this case the report is a central document for those cabinet deliberations. It has not been previously released or published, and a decision has not been made on these deliberations. Its release prior to the finalisation of this cabinet process would negatively impact those deliberations. I have spoken to Senator Pocock to convey this—just to explain why we wouldn't be providing it—but I have also previously said that, when we complete those deliberations, this report will be released, and it will be.

Slade Brockman

The question is that motion standing in the name of Senator David Pocock be agreed to.