They refused to release it to the Senate or under FOI. But it turns out it was on a public website until the Government found out and deleted it. Rex Patrick reports on the latest secrecy absurdity in Canberra.
The Inspector General of the Australian Defence Force’s (IGADF’s) job is to promote justice in the ADF and to ensure all defence personnel have access to a fair and impartial military justice system.
But the IGADF is not trusted by the very people it’s supposed to serve; members of the ADF. There’s a widespread perception that the IGADF is too close to the ADF’s senior commanders.
Given these concerns, and because there had not been a review into the IGADF since its inception in 2003, in August 2023 Prime Minister Albanese commissioned a “Twenty Year of the IGADF” review to be conducted by former Justice Duncan Kerr. The review was completed in March 2024 and handed to the Government.
Senate Request
In July this year, Senator Jacqui Lambie sought access to Justice Kerr’s report using the Senate’s subpoena powers. The government refused, stating in a letter presented to the Senate:
“The Review was wide-ranging in respect of the IGADF’s structure, operations and functions, and makes recommendations about whether the IGADF in its current form is fit for purpose. In considering the Review the Government is consulting widely across stakeholders, including Defence, other agencies, and the families of Australian Defence Force personnel who have lost their lives while serving. It is important that this consultation and the finalisation of the Government’s response is completed and further time is needed to undertake this work.
“Accordingly, the Government will respond to the Order once this process is complete.”
That response was completely improper. Whilst the government can resist providing a document to the Senate on public interest grounds (e.g. national security, international relations, law enforcement, etc), there is no ability to withhold a document just because the government is considering it. Administrative convenience doesn’t cut it as a reason to withhold information from Parliament.
Our system of responsible government requires the Senate to observe, criticise and check the government as they perform the task of governing, not conduct a historical review.
The Government’s refusal was out of order.
Freedom Of Information request
I had separately used Freedom of Information laws to try to get access to the report.
My FOI was lodged on 2 June 2024. I was also refused access to the document on the basis that the Government “is yet to make or announce decisions on material contained within the report”.
The FOI Act specifically states that the purpose of the laws is to “increase public participation in Government processes, with a view to promoting better informed decision making”. Again, delaying access to a document so that the Government can act unilaterally, without public input, is improper.
In response I requested an Information Commissioner review of the refusal decision.
Ruckus in the Senate
In August, the Senate again pressed for the document, with the Leader of the Government in the Senate, Senator Penny Wong, representing the Minister for Defence, being ordered to provide an explanation as to the improper claims. Wong again advanced the idea that they did not want to release the report until a response had been finalised.
Lambie and Senator David Shoebridge led the charge in condemning the government’s refusal and improper explanation.
Yesterday in the Senate, further ruckus occurred. At a time when Wong was trying to push the Government’s ‘Help to Buy’ bill through the Senate, Lambie again called for release of the IGADF review report.
This time, the entire Chamber weighed in behind Lambie: Senators Birmingham, Shoebridge, Roberts and David Pocock. Under pressure Wong compromised by agreeing to provide the Senate with a time frame in which the document would be released.
Government attempt at takedown
After the commotion in the Senate had died down and the Senate had returned to normal business, someone in Senator Shoebridge’s office found the IGADF review report had actually been posted on the Royal Commission into Defence and Veteran Suicide website, buried deep in the mass of information published by the Royal Commission.
On contacting the Royal Commission secretariat to find out when the report had been uploaded, no answer was provided. But the document was then quickly removed. “Page Not Found” the website now says. Of course, it was all too late.
At just before 6 PM, Shoebridge walked into the Senate and sought to table the report. The Government denied him the right to do so.
Secrecy for the sake of it
The contents of the report are not particularly explosive. But here are the key findings and recommendations the Government doesn’t want you to see.
The controversial parts of the report are hardly surprising to the public.
IGADF report extract
The bigger story is the arrogant secrecy of the Government. The report was paid for by the public and was for public purpose. On request from the Senate or under FOI it should have been released, if not of the Government’s own free will when it was first received.
It’s secrecy for the sake of secrecy utterly at odds with democratic principles.
And it’s the second time in as many weeks that the Government has been caught engaging in improper secrecy with the Senate.
Special treatment: Jim Chalmers covers for super fund lobby on property fees
Prime Minister Anthony Albanese came to Government on a promise of greater transparency. He promised to be better than the last guy. In what can only be described as an “own goal”, he’s failed in clearing what was a pretty low bar.
The full ‘secret’ report here.
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 - www.transparencywarrior.com.au.