SA Premier attacks Federal Government accountability
· Michael West
SA Premier Peter Malinauskus has launched a legal attack that could erode Federal Government transparency and accountability. Rex Patrick on appeal to High Court.
Visit cat-cross.com for more information.
The transparency win was big. When MWM broke the news, we wrote: “Transparency battles are rarely fought on an even playing field; they’re uphill all the way, but the view from the top is worth it.”
I guess we got ahead of ourselves. South Australia’s highest court is not quite the top of the hill. Earlier this week, the SA Government informed us they are seeking special leave to appeal to the High Court of Australia, despite having considered the judgment for only three days.
In other words, they’ve not taken a considered, “there’s an error in the Court’s judgment” approach, they’ve gone with,
we can’t have this sort of transparency in SA – appeal, appeal, appeal!.
This isn’t just a legal decision. It’s a highly charged political decision, and it’s reasonable to presume that the decision to appeal has been ticked off at the highest levels of the SA Government.
A historic win against secretive government in more ways than one!
Attack on Federal transparency
The decision of the Court of Appeal allows South Australians to access government briefs prepared for ministers and officials to answer questions at budget estimates, and briefs prepared for ministers to answer questions at question time.
Access to these briefs in the Australian domain is routine.
Journalists and interested citizens request these briefs under federal Freedom of Information laws all the time. The briefs contain comprehensive and contemporary information, and it’s hard to say that the public shouldn’t have access to answers that were prepared for ministers and officials to answer in a parliamentary public forum.
And therein lies the problem with Malinauskas’ appeal. All the SA Court of Appeal decision did was bring South Australia into line with what happens federally.
It opens up the intriguing possibility that I might have the Commonwealth Solicitor-General standing next to me at the bar table of the High Court, with both of us arguing against the South Australian Solicitor-General.
Or maybe Prime Minister Albanese will want to join with his political ally in arguing against transparency.
The relevant Federal and South Australian FOI laws are very similarly worded, and because High Court decisions are binding across all Australian jurisdictions, if Malinauskas wins in his secrecy pitch,
all Australians will get less transparency, not just South Australians.
Federal v SA Law
Malinauskas has a clear majority in South Australia, which may make him think that he can do as he pleases. But in this instance, if he’s successful fulfilling his secrecy obsession,
he could diminish government accountability federally and across the states.
Let’s hope the High Court agrees with the judges of SA’s highest court.