The high-stakes battle between transparency and secrecy has intensified in Canberra, as a cross-party alliance challenges the Australian government's pursuit of a whistleblower. A diverse coalition of politicians, including Jacqui Lambie, Pauline Hanson, and David Pocock, is urging Attorney General Michelle Rowland to intervene in a case that could see former Senator Rex Patrick liable for substantial legal costs, potentially exceeding £78,000 (AUD$150,000).
Mr. Patrick, a prominent advocate for government transparency, has been seeking documents through freedom of information rules to ascertain where nuclear waste generated by the AUKUS submarine fleet will be stored in Australia. Despite an initial administrative appeal victory in May, which ruled in his favour, the Department of Industry, Science and Resources is appealing this decision to the federal court. The department is not only seeking to overturn the ruling but also to secure an order for Mr. Patrick to cover their legal expenses if he is unsuccessful.
A group of 18 independent and minor party members, including Teal MPs Allegra Spender and Monique Ryan, have signed a letter to the Attorney General, contending that this escalation constitutes an attack on Australia's freedom of information regime. They argue that the department's approach will discourage ordinary citizens from seeking access to government information, thereby undermining accountability.
Civil society groups are also calling for Ms. Rowland's intervention, warning that the risk of government departments appealing decisions made by the Information Commissioner or the Administrative Review Tribunal will have a 'chilling effect', dissuading citizens from pursuing legitimate information requests. The Human Rights Law Centre, Transparency International Australia, and the Media, Entertainment and Arts Alliance are among those urging Ms. Rowland to take action.
Mr. Patrick has also written directly to the Attorney General, asserting that the department's actions violate the government's own 'model litigant' rules, which mandate fair conduct in legal cases, particularly concerning costs. He views this aggressive stance as the latest attempt by the government to undermine Australia's freedom of information system.
Prime Minister Anthony Albanese's previous pledges for a new era of transparency now seem at risk of being undermined by his own administration's actions. The cross-party alliance is calling on Ms. Rowland to uphold her government's commitment to accountability and transparency, rather than allowing the department's pursuit of secrecy to prevail.
A spokesperson for the Attorney General has not commented publicly on the matter.