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senate vote 2018-02-08#5
Edited by
mackay staff
on
2019-04-05 15:44:23
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Title
Documents — West Lorengau Haus; Order for the Production of Documents- Documents - West Lorengau Haus - Order for the Production of Documents
Description
<p class="speaker">Stirling Griff</p><p>I, and also on behalf of Senator McKim, move:</p><p class="italic">That the Senate—</p>- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2018-02-08.46.2) introduced by SA Senator [Stirling Griff](https://theyvoteforyou.org.au/people/senate/sa/stirling_griff) (Nick Xenophon Team), which means it succeeded.
- ### Motion text
- > *That the Senate—*
- >
- > *(a) notes that:*
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- >> *(i) on 7 December 2017, the Senate passed a motion for an order for the production of documents (OPD) relating to correspondence between the Commonwealth and its Australian contractors on Papua New Guinea's Manus Island, and*
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- >> *(ii) the OPD related to parts of contracts, correspondence, reports, memos or photographs relating to accommodation and services being delivered at West Lorengau;*
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- > *(b) further notes that:*
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- >> *(i) the documents were sought following concerns expressed by advocates and eyewitnesses regarding the standards of accommodation at West Lorengau, including incomplete fencing and plumbing, intermittent power and water, and the sufficiency of the health and other services being delivered, particularly as compared to previous services delivered at the Manus Island regional processing centre,*
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- >> *(ii) according to the UNHCR's fact sheet on Manus Island, updated on 21 January 2018, many of these concerns are ongoing,*
- >>
- >> *(iii) on 17 January 2018, the then-Minister representing the Minister for Home Affairs and the Minister for Immigration and Border Protection (Senator Birmingham) released a two-page response from the Minster for Home Affairs (Mr Dutton), but no documents were returned, and*
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- >> *(iv) the response stated that the release of the documents would be contrary to the public interest, and "should be done on the grounds that the disclosure could be reasonably expected to cause damage to Australia's international relations with PNG";*
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- > *(c) acknowledges the question of what constitutes a reasonable expectation of damage to international relations has been the subject of proceedings in the Federal Court, specifically in Secretary, Department of Foreign Affairs and Trade v Paul Whittaker (2005), where the court stated that "Damage to international relations might reasonably be expected where the disclosure of a document may disclose sensitive information so as to cause, or reasonably be expected to cause, actual and significant damage...the test is not whether there is a risk of damage to international relations; the test requires a higher degree of certainty of damage";*
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- > *(d) does not accept that the order for the production of documents made on 7 December 2017 has been adequately dealt with, insofar as the material requested would, by necessity, include a range of information that has no bearing on Australia's relationship with Papua New Guinea;*
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- > *(e) does not accept that public interest immunity has been appropriately advanced, and calls on the Minister to review the nature of the documents ordered on 7 December 2017, and apply a higher test of real risk rather than hypothesised risk; and*
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- > *(f) orders that there be laid on the table by the Minister representing the Minister for Home Affairs and the Minister for Immigration and Border Protection, by 9 am on 19 March 2018, any correspondence requested on 7 December 2017 which meets the proper test.*
<p class="italic">(a) notes that:</p><p class="italic">  (i) on 7 December 2017, the Senate passed a motion for an order for the production of documents (OPD) relating to correspondence between the Commonwealth and its Australian contractors on Papua New Guinea's Manus Island, and</p><p class="italic">  (ii) the OPD related to parts of contracts, correspondence, reports, memos or photographs relating to accommodation and services being delivered at West Lorengau;</p><p class="italic">(b) further notes that:</p><p class="italic">  (i) the documents were sought following concerns expressed by advocates and eyewitnesses regarding the standards of accommodation at West Lorengau, including incomplete fencing and plumbing, intermittent power and water, and the sufficiency of the health and other services being delivered, particularly as compared to previous services delivered at the Manus Island regional processing centre,</p><p class="italic">  (ii) according to the UNHCR's fact sheet on Manus Island, updated on 21 January 2018, many of these concerns are ongoing,</p><p class="italic">  (iii) on 17 January 2018, the then-Minister representing the Minister for Home Affairs and the Minister for Immigration and Border Protection (Senator Birmingham) released a two-page response from the Minster for Home Affairs (Mr Dutton), but no documents were returned, and</p><p class="italic">  (iv) the response stated that the release of the documents would be contrary to the public interest, and "should be done on the grounds that the disclosure could be reasonably expected to cause damage to Australia's international relations with PNG";</p><p class="italic">(c) acknowledges the question of what constitutes a reasonable expectation of damage to international relations has been the subject of proceedings in the Federal Court, specifically in Secretary, Department of Foreign Affairs and Trade v Paul Whittaker (2005), where the court stated that "Damage to international relations might reasonably be expected where the disclosure of a document may disclose sensitive information so as to cause, or reasonably be expected to cause, actual and significant damage...the test is not whether there is a risk of damage to international relations; the test requires a higher degree of certainty of damage";</p><p class="italic">(d) does not accept that the order for the production of documents made on 7 December 2017 has been adequately dealt with, insofar as the material requested would, by necessity, include a range of information that has no bearing on Australia's relationship with Papua New Guinea;</p><p class="italic">(e) does not accept that public interest immunity has been appropriately advanced, and calls on the Minister to review the nature of the documents ordered on 7 December 2017, and apply a higher test of real risk rather than hypothesised risk; and</p><p class="italic">(f) orders that there be laid on the table by the Minister representing the Minister for Home Affairs and the Minister for Immigration and Border Protection, by 9 am on 19 March 2018, any correspondence requested on 7 December 2017 which meets the proper test.</p> <p class="speaker">James McGrath</p><p>I seek leave to make a short statement.</p> <p class="speaker">Scott Ryan</p><p>Leave is granted for one minute.</p> <p class="speaker">James McGrath</p><p>The government does not support this motion. Unilateral disclosure by Australia of information pertaining to regional processing arrangements would undermine Papua New Guinea's confidence in Australia, jeopardising our good working relationship and the policies which operate under Operation Sovereign Borders. Sovereign governments do not expect other governments to unilaterally release information which pertains to important parts of their relationship. The coalition government's strong and consistent border protection policies have saved countless lives. Australia's strong relationship with Papua New Guinea is a critical part of this.</p> <p class="speaker">Scott Ryan</p><p>The question is that motion No. 698 be agreed to.</p>
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