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The secret so secret that we can’t be told its secret. What’s the scam?

by Rex Patrick | Jan 21, 2025 | What's the scam?

The Government wants to use a secret witness and secret evidence in legal proceedings and they don’t want the public to know about it. What’s the (secrecy) scam?

The scam is implied in a letter from the Australian Government Solicitor (AGS) sent to the Administrative Review Tribunal (ART), saying that the Government doesn’t want to let people talk about government secrecy.

Last week MWM published an article that revealed that the Australian Government had engaged in censoring the ‘official’ history of Australia’s peacekeeping operations in East Timor. All sorts of things that might embarrass the Department of Foreign Affairs and Trade or upset Indonesian Army Generals were redacted.

Even an entire chapter on the Indonesian military’s orchestration of militia violence and atrocities was cut from the history.

Downer and Howard’s East Timor lies. History missing in action.

Included in the article was information about a proceeding that’s currently underway in the ART where the Government wants to use secret evidence from a secret witness.

In response to MWM letting the public know about this, AGS lawyers have written to the ART suggesting that Mr Patrick “may” have “potentially” breached the law in revealing their desire for absolute secrecy.

AGS letter

Opening Shot in a Legal Letter (Source: Australian Government Solicitor)

I have written back in no uncertain terms advising the Tribunal that the government’s lawyers are wrong. Whilst evidence in proceedings does have to be kept confidential until it is used in a court, the government’s secrecy conduct does not.

They are clearly embarrassed by MWM letting the Australian public know that the Albanese Government is happy to push the boundaries of secrecy in Tribunal Proceedings.

“The letter written to me is a shameless scam. It’s a letter designed to bully into silence a person who has challenged official secrecy. It’s entirely in keeping with their wider approach to secrecy that extends to their persecution of whistleblowers and constant efforts to raise barriers against disclosure of government information. 

“Unfortunately for them, this shallow threat, wrong in law, was sent to the wrong member of the public. I won’t be keeping silent on the conduct of these proceedings. The public have a right to know when the Government is trying to pull the shutters down on open justice.”

The letter goes on to suggest that the publication by MWM is a good reason to shift the proceedings into the secretive security division of the Administrative Review Tribunal.

AGS letter 2

Titillating Legal Submission (Source: Australian Government Solicitor)

To date, the Government has been having trouble getting the Tribunal to agree to hear the matter in the Intelligence and Security Jurisdictional Area of the Tribunal. After all, the matter was with the Information Commissioner for five years, and they never once mentioned damage to national security or international relations as a reason not to provide Patrick with the information. Yet suddenly, it’s so hush-hush they don’t want anyone to know how hush-hush it is.

“I suggest the Tribunal treat the [government’s] letter as an inappropriate attempt to titillate their claim that the proceedings should be heard in the security division and nothing more.”

 

Rex Patrick

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 running for the Senate on the Lambie Network ticket next year - www.transparencywarrior.com.au.

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