Transparency Under Fire: Albanese Government Accused of Secrecy Over Ministerial Letters
The Australian Labor government is facing accusations of fostering a “culture of secrecy” after refusing to release letters outlining ministerial responsibilities, a practice continued from the previous Coalition government.A freedom of information (FOI) request submitted by Liberal Senator Maria Kovacic was denied by the Department of Prime Minister and Cabinet, citing concerns related to national security and cabinet solidarity.
The department’s rejection mirrors a similar decision made in 2021 by the former Morrison government, which also blocked a FOI request from Guardian Australia for the same documents. In total, 23 letters were withheld, with officials claiming 21 are classified as “cabinet documents,” six relate to “documents affecting national security, defense or international relations,” all fall under “deliberative processes,” and all could potentially reveal “certain operations of agencies.”
A former counsel assisting the New South Wales Self-reliant Commission Against Corruption,now with the Center for Public Integrity,sharply criticized the government’s rationale. “The assertion that all those categories would apply to these kinds of documents is bizarre,” the expert stated. “Even the general assertion that they are cabinet documents, they’re plainly not.”
The expert explained that these letters primarily serve as instructions from the Prime Minister to individual ministers, clarifying areas of focus and dialog. “That’s actually just to do with the prime minister’s office allocating who does what and speaks on which issue that’s on part of cabinet. It’s not a cabinet document merely as it comes out of the office of somebody who is a member of cabinet.” Regarding national security concerns, the expert argued for redaction of sensitive information rather than complete withholding of the documents. “Sounds like it’s really just another example of what appears to be an obsession with this government regarding secrecy.”
The lack of transparency extends beyond the current management. No Australian Prime Minister has ever publicly released these “charter letters.” However, several other jurisdictions demonstrate a greater commitment to openness. The queensland state government routinely publishes its ministers’ charter letters, the EU Commission releases mission letters for its commissioners, and Canada publishes mandate letters outlining ministerial responsibilities.
In response to inquiries from Guardian Australia, a spokesperson for the Department of Prime Minister and Cabinet stated it was “not appropriate to comment on specific matters.” the spokesperson affirmed the department’s commitment to its legal obligations, stating that all FOI requests are processed in accordance with the Freedom of Information Act 1982, and applicants receive explanations for decisions and information on appeal rights.
The Labor government is also under scrutiny for proposed amendments to the FOI Act, which critics argue would broaden exemptions for cabinet documents and deliberative processes, making it easier to deny access to information. During a Senate committee hearing on October 17, Labor officials justified the reforms by suggesting that AI bots were submitting FOI requests, a claim that the Home Affairs department and Services Australia refuted, stating they had no evidence to support it. They also noted that the existing FOI Act already addresses requests originating from automated sources.
Following the denial of her request, senator Kovacic accused the government of a systemic lack of transparency. “From a massive spike in FOI refusals, to the weaponisation of NDA’s in stakeholder negotiations, and a secret manual telling government officials how to avoid answering questions at Senate estimates, this government has shown that the promise of transparency was nothing more than a pre-election talking point,” she said. Kovacic entered parliament in 2023, succeeding the Morrison government.
The ongoing debate highlights a essential tension between the need for government confidentiality and the public’s right to access information, raising questions about the true extent of openness and accountability within the Albanese administration.
