Scott Ludlam (WA, Australian Greens) Share this | Hansard source

It is something about the nature of power. It is also something that we can improve. This is a mechanism that the Australian parliament needs. We are in negotiations with the government over this matter, as we are in a number of other matters that relate to the agreement that was signed with the Prime Minister by Senator Brown. I am therefore not in a position to really update the parliament as to how that is going, except to say that negotiations are underway. However, we are hopeful that there will be some kind of sensible outcome that will see the Information Commissioner take up this role.

As for the issue that Senator Cormann raised about whether we would pursue a legislative path or not, I think the senator has raised an extremely important issue. That is, if we go down this track, are we in fact closing a very important argument about whether parliament has this power to request an officer of the Public Service to undertake a certain function? I respectfully disagree with the views of the Information Commissioner. I think this chamber’s clerk has the correct view, based on a longstanding Senate precedent, that a resolution of the Senate actually carries that kind of compulsion that is not an unreasonable request. The Information Commissioner has respectfully disagreed with the view. We think this needs to be solved before too many more orders for production of documents pile up on the Information Commissioner’s desk or lie here gathering dust, as some of those relating to the NBN have for a period of nearly two years. We think this can be brought to a sensible conclusion. I look forward to the concurrence of all parties and I hope that this is something that we can resolve. I seek leave to continue my remarks later.

Leave granted; debate adjourned.