Labor has been defending making a public interest immunity claim for cabinet documents on counterterrorism funding ahead of the Bondi attack in December, as revealed by ASIO boss Mike Burgess in the Antisemitism Royal Commission.
The government is allowed to claim immunity from requests or orders by a court or parliament to produce documents on the grounds it would be prejudicial to the public interest.
Environment Minister Murray Watt said it is a longstanding convention that governments are allowed to claim public interest immunity but added the royal commissioner is allowed to reject the claim if necessary.
“What we have done is provide a range of documents to the royal commission, some of which are redacted to remove cabinet references and other national security information,” he said.
”But the royal commissioner is totally within her rights to reject the public interest immunity claim that the government has made.”
Earlier today, Attorney-General Michelle Rowland made similar comments and said the government’s action was not “novel”.
“It’s a well-established legal principle that cabinet documents and information of that nature attract public interest immunity in legal proceedings and royal commissions but it’s important also to note that decisions about whether to disclose cabinet information are ultimately a matter for the commissioner,” she told the ABC.