Senator Ludlam asked the following question at the hearing on 24 May 2010:
Over the course of producing the inquiry into secrecy and open government in Australia, was the
Senate Finance and Public Administration References Committee's report Independent Arbitration
of Public Interest Immunity Claims considered?
The answer to the honourable senator's question is as follows:
The Senate Finance and Public Administration final report was published in February 2010. The
ALRC's Report Secrecy Laws and Open Government in Australia was finalised in December 2009.
Therefore the ALRC did not have the opportunity to consider the Senate Committee's final report.
The ALRC did, however, consider the effect of secrecy provisions on the disclosure of information
to the Australian Parliament in Chapter 16 of the ALRC's final report. The ALRC did not make any
recommendations, simply noting that:
‘parliamentary privilege will normally override secrecy provisions, permitting the disclosure of
protected information to Parliament or a parliamentary committee. This override will be supported
by the exception for disclosures in the course of an officer's duties in the recommended general
secrecy offence and most specific secrecy offences. In a small number of situations, however, the
disclosure of certain information to Parliament or parliamentary committees may not be the desired
outcome. Here, any legislative intent to abrogate parliamentary privilege should be clearly stated
in the provision and supporting documents ...'
