Getting access to documents concerning a nuclear submarine base in NSW has become an FOI riddle wrapped in a submarine mystery inside a nuclear enigma. Rex Patrick reports.
You can’t have the documents. Hang on, maybe you can? Nope, they’re too sensitive. OK, they’re not sensitive, you can have them all. Except you can’t.
If you’re struggling to follow this, I’ll try to explain. But keep this in the back of your mind – all Australian taxpayers are paying for the Department of Defence’s part in this, and those NSW taxpayers also get to pay the NSW Crown Solicitor’s part.
It started with a single backflip. When I first asked the NSW Government for access to documents relating to the consideration of a nuclear submarine base in NSW, they said I couldn’t have the documents because they were Cabinet-in-Confidence.
When I took the case to the NSW Civil and Administrative Tribunal (NCAT), the NSW Government backflipped. They stated that their Cabinet exemption claim was wrong and asked NCAT if the Government could remake the decision.
Port Kembla? more nuclear submarine base secrecy. What’s the scam?
Double backflip
The Tribunal said, “Yes, remake your decision”.
A month later, the NSW Government issued me a new decision. No! Again, “you can’t have them”! Across 12 pages of carefully worded legalese, they tried to explain why the public can’t see the documents.
That was September. Fast forward to late October and, out of the blue, the NSW Crown solicitor wrote to me and advised, “the [NSW Government] position in relation to the information in issue in the proceedings has changed … The [NSW Government] no longer holds the view that information is subject to an overriding public interest against disclosure.”
Woo-hoo! Transparency at last. But wait…
Defence secrecy
The email went on to say, “… Defence has an interest in the Defence Information and it has objected to the release of that information. Defence has a right to appear and be heard in the proceedings …”
Backflip, with Defence objection (Source: NSW Crown Solicitor)
What secrets?
I am yet to find out the basis of Defence’s objection to releasing the material, but in a very closely related request for information, Defence objected to the release of information because those documents identified or described Defence infrastructure or capability (e.g. base locations, site suitability studies, strategic assessments).
But seriously, how sensitive can a base’s location be? How sensitive can buildings be? In five minutes, anyone with internet access can use Google Earth to avail themselves of the location and layout of HMAS Stirling in Western Australia, where US and UK nuclear submarines are currently visiting.
Moreover, the buildings that will support the permanent basing of submarines at HMAS Stirling can be seen by visiting the website of the Federal Parliament’s Public Works Committee.
Nuclear Submarine Piers (Source: Defence)
Yellow peril
But what about the Chinese? Won’t they find out?
Defence may be worried that if the location is known, then the Chinese might buy land next door to the planned base. The problem is, the Chinese have already purchased land in the Port Kembla and Newcastle port precinct.
Port Kembla Plot thickens as Defence looks away. What’s the scam?
In fact, Newcastle Port is operated by a consortium with 50% Chinese ownership (98-year lease) through China Merchant Port Holdings;
they probably already know more about Newcastle Port and its environs than Defence does.
The Chinese purchases in both cities provide considerable ability for them to monitor and evaluate key infrastructure servicing and capacity developments; high voltage power supply arrangements, natural gas supply details, potable water arrangements, fire water supply details, rail and road access arrangements and area telecommunications.
And the Chinese won’t only have access to future strategic plans for the port areas; their purchases are significant enough that they could help shape those plans, having a seat at the table as interested constituents and ratepayers. We know Chinese officials have already used their property interest to have meetings with the Mayor of Newcastle.
And as for the details of what Australia will need to safely support a nuclear sub force,
the Chinese already know that from their 50 years of operating nuclear attack subs.
But that won’t stop Defence objecting to the release of information that would otherwise be reasonable for the grant of social licence. It’s a department addicted to secrecy (how else are they going to keep their multi-billion dollar procurement blunders from public scrutiny).
A political ruse
Greens Senator David Shoebridge offered his perspective on the Federal Government’s secrecy:
“The Albanese government isn’t worried that China will find out where they want to put another US nuclear submarine base, they are worried the Australian public will.
“The community of the Illawarra have already made it crystal clear that a nuclear submarine base has zero social licence to operate at Port Kembla.
“The other potential target for Defence is Newcastle, and with a growing revulsion there with the use of the Williamtown F35 hub to arm Israel’s genocide in Gaza, Labor knows that option is also deeply unpopular.
“Hiding these documents isn’t about preventing a foreign adversary from organising against Labor’s war plans, it’s about preventing the public opposing them.”
So, despite the NSW Government’s double backflip (which, despite them being cavalier in the first place, I do appreciate), it looks like I’ll have to keep fighting for transparency.
At least the backflips mean I’ll stand at the bar of NCAT with the NSW Government on my side of the argument. Meanwhile, we’ll all keep having to pay for both sets of lawyers, all necessary to keep politically sensitive topics from the public.
Rex Patrick is a former Senator for South Australia and, earlier, a submariner in the armed forces. Best known as an anti-corruption and transparency crusader, Rex is also known as the "Transparency Warrior."