Attorney General Dreyfus looks to spend tens of thousands more of taxpayers’ dollars to appeal a Full Federal Court decision that denied the right of ministers to shred politically sensitive documents as they leave office. Transparency Warrior Rex Patrick reports.
In correspondence to me, the Attorney General’s Department has given a strong signal that the Federal Attorney-General, the Hon Mark Dreyfus KC, will appeal his recent loss in the Full Federal Court to the High Court.
In May this year I won a case in the Federal Court against Mr Dreyfus that effectively prohibits ministers who leave office from sweeping their dirty secrets under the carpet on the way out – killing off any FOI rights for public access to controversial documents.
In her decision, Justice Charlesworth declared:
“I accept that there may be very strong political resistance to an outgoing Minister transferring documents forming the subject of a pending FOI request to a new incumbent, particularly on a change of Government.
“This Court was told that it was common practice for documents not to be transferred. But the FOI Act is not concerned with party-political matters other than to the extent provided for in respect of documents correctly described as falling within certain exemptions. To the contrary, it is a regime devised to enlarge scrutiny of Government activities in accordance with its terms, including in cases where scrutiny is not wanted. If there be a common practice of the kind suggested to this Court in submissions, it is not one that is authorised or contemplated by the FOI Act and it should stop.
“The balance between maintenance of secrecy and public access is one that is struck by the Parliament. It is legislation, not political or administrative convention, that is determinative of Mr Patrick’s rights in the present case.”
Shocking.
Michael West Media and Rex Patrick
Any documents produced using taxpayer money should immediately be protected and not subject to shredding to ensure FOI remains viable.