The Labor government is currently under scrutiny for invoking a public interest immunity claim concerning cabinet documents linked to counterterrorism funding before the Bondi attack in December. This situation came to light following revelations by ASIO chief Mike Burgess during the Antisemitism Royal Commission.
Public interest immunity allows the government to withhold certain documents from being disclosed in court or parliament if releasing them would be detrimental to public interest.
Environment Minister Murray Watt emphasized that this is a well-established practice. He noted, however, that the royal commissioner has the authority to dismiss the claim if deemed necessary.
“We’ve handed over numerous documents to the royal commission, some of which have been redacted to exclude cabinet references and other sensitive national security information,” Watt stated.
“Nevertheless, the royal commissioner has every right to overturn the public interest immunity claim made by the government,” he added.
Earlier today, Attorney-General Michelle Rowland echoed these sentiments, asserting that the government’s approach is not unprecedented.
“It’s a well-established legal principle that cabinet documents and information of that nature attract public interest immunity in legal proceedings and royal commissions but it’s important also to note that decisions about whether to disclose cabinet information are ultimately a matter for the commissioner,” she told the ABC.
