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senate vote 2022-02-08#3
Edited by
mackay staff
on
2022-04-29 15:53:20
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Title
Committees — Privileges Committee; Reference- Committees - Privileges Committee - Reference
Description
<p class="speaker">Janet Rice</p><p>On behalf of the Community Affairs References Committee, I move:</p>-
- The majority voted against a [motion](https://www.openaustralia.org.au/senate/?id=2022-02-08.147.2) introduced by Victorian Senator [Janet Rice](https://theyvoteforyou.org.au/people/senate/victoria/janet_rice) (Greens), which means it failed.
- ### Motion text
- > *That the following matter be referred to the Standing Committee of Privileges for inquiry and report:*
- >
- > *Having regard to the matters raised by the Community Affairs References Committee in correspondence tabled by the President on 30 November 2021:*
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- >> *(a) whether the Minister for Government Services, Senator the Honourable Linda Reynolds:*
- >>
- >>> *(i) engaged in conduct which amounted to an improper interference with the Community Affairs References Committee inquiry into Centrelink's compliance program,*
- >>>
- >>> *(ii) disobeyed a lawful order of the Senate,*
- >>>
- >>> *(iii) failed to produce documents in accordance with an order of the Senate, or*
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- >>> *(iv) improperly interfered with the power of the Senate to obtain information necessary to support its accountability functions; and*
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- >> *(b) if so, whether any contempt was committed in respect of those matters.*
<p class="italic">That the following matter be referred to the Standing Committee of Privileges for inquiry and report:</p><p class="italic">Having regard to the matters raised by the Community Affairs References Committee in correspondence tabled by the President on 30 November 2021:</p><p class="italic">(a) whether the Minister for Government Services, Senator the Honourable Linda Reynolds:</p><p class="italic">(i) engaged in conduct which amounted to an improper interference with the Community Affairs References Committee inquiry into Centrelink's compliance program,</p><p class="italic">(ii) disobeyed a lawful order of the Senate,</p><p class="italic">(iii) failed to produce documents in accordance with an order of the Senate, or</p><p class="italic">(iv) improperly interfered with the power of the Senate to obtain information necessary to support its accountability functions; and</p><p class="italic">(b) if so, whether any contempt was committed in respect of those matters.</p> <p class="speaker">Jonathon Duniam</p><p>I seek leave to make a short statement.</p> <p class="speaker">Slade Brockman</p><p>Leave is granted for one minute.</p> <p class="speaker">Jonathon Duniam</p><p>The minister is at all times engaged in good faith, and has cooperated to the fullest extent, with the Community Affairs References Committee's inquiry into this matter, and the minister has previously advised the Senate that it would not be in the public interest to disclose the information in relation to legal advice and the deliberations of cabinet that relate to the income compliance program. Consistent with the minister's position, the Federal Court has previously found the advice requested to be privileged legal advice. Further, the freedom of information division of the Administrative Appeals Tribunal has also found that the minute requested was properly the subject of a cabinet exemption under the Freedom of Information Act.</p> <p class="speaker">Rex Patrick</p><p>I seek leave to make a one-minute statement.</p> <p class="speaker">Slade Brockman</p><p>There being no objection, one minute.</p> <p class="speaker">Rex Patrick</p><p>I just want to ensure people understand the issue here. The entire purpose of legal professional privilege is to make sure that client-attorney advice is kept from court proceedings. So it has relevance there, but it has no relevance in this chamber. Likewise, with FOI on legal professional privilege, it's an absolute exemption; it does not have any relevance in this chamber.</p> <p class="speaker">Slade Brockman</p><p>The question is that the motion moved by Senator Rice be agreed to.</p><p></p><p></p><p></p> -
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