The Australian government plans to insist that former senator Rex Patrick pays up to A$150,000 in legal costs if he is unsuccessful in his bid to access documents related to the Aukus agreement. This has escalated a dispute that has seen several crossbench MPs support the former senator.
Mr Patrick, a transparency campaigner, used freedom of information (FoI) laws to seek details regarding the storage of nuclear waste from the submarine fleet. He won an administrative appeal on the matter in May.
However, the Department of Industry, Science and Resources has appealed this decision to the federal court. The department is seeking to overturn the decision and is requesting an order for Mr Patrick to cover the government's legal costs if he loses.
Politicians, including Jacqui Lambie and Pauline Hanson, have criticised this approach, arguing it breaches rules requiring the government to act as a model litigant. Appeals to Attorney General Michelle Rowland from these politicians, unions, and transparency groups have been rejected. Ms Rowland reportedly stated last week that the government could rightly insist on Mr Patrick paying costs if he loses, acting "firmly and properly" to protect its interests.