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FOR – Documents - Superannuation - Order for the Production of Documents

The majority voted in favour of a motion introduced by Tasmanian Senator Wendy Askew (Liberal) on behalf of NSW Senator Andrew Bragg (Liberal), which means it was successful.

Motion text

That the Senate—

(a) notes that:

(i) order for production of documents no. 52 (the order) agreed by the Senate on 25 October 2022, requiring the Minister representing the Assistant Treasurer to table any briefing notes, file notes and emails received by the Assistant Treasurer from superannuation industry representatives in relation to changes to the superannuation industry payment disclosure requirements, has not been complied with, and

(ii) the Assistant Treasurer, in his response to the order, made a claim of public interest immunity on the basis of privacy, citing concerns individuals and organisations have a reasonable expectation that representations made to the minister are not put on the public record without proper consent and consultation;

(b) rejects the public interest immunity claim made by the Assistant Treasurer on the grounds of privacy, noting that:

(i) claims that information has been collected on the condition that it would be treated as confidential, and therefore cannot be disclosed, is not in itself a ground for a public interest immunity claim,

(ii) it must be established that some harm may occur because of the disclosure of the information sought by the order, and

(iii) any specific harm could be overcome by disclosing information in general terms without the identity of those to whom it relates; and

(c) requires the Minister representing the Assistant Treasurer to comply with the order by no later than midday on 28 November 2022.


Date and time: 3:59 PM on 2022-11-23
Senator Pocock's vote: Aye
Total number of "aye" votes: 42
Total number of "no" votes: 20
Total number of abstentions: 14

Adapted from information made available by