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Labor has been under scrutiny for invoking a public interest immunity claim regarding cabinet documents related to counterterrorism funding prior to the Bondi incident in December. This development was brought to light by ASIO chief Mike Burgess during the Antisemitism Royal Commission.
The government holds the ability to assert immunity against demands or mandates from courts or parliament to disclose certain documents if such disclosure is deemed harmful to the public interest.
Environment Minister Murray Watt emphasized that this is a well-established practice, allowing governments to claim public interest immunity. However, he noted that the royal commissioner retains the authority to dismiss this claim if deemed appropriate.
“We have submitted a variety of documents to the royal commission, ensuring some are redacted to exclude references to cabinet and sensitive national security information,” Watt explained.
“Nevertheless, the royal commissioner is fully empowered to override the public interest immunity claim presented by the government,” he added.
Earlier today, Attorney-General Michelle Rowland made similar comments and said the government’s action was not “novel”.
“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.