Eighteen politicians and several civil society organizations are urging Australian Attorney General Michelle Rowland to intervene in a Federal Court appeal initiated by the Department of Industry. The appeal targets transparency campaigner Rex Patrick, who is seeking documents related to the storage locations of nuclear waste from the AUKUS submarine fleet within Australia.

Julia Pickworth, acting secretary of the Department of Industry, Science and Resources, appealed to the Federal Court to overturn a May administrative decision that favored Patrick. Pickworth also sought an order for Patrick to pay the federal government's legal costs if he is unsuccessful. Patrick stated that these potential legal costs could amount to $150,000 or more. He wrote to Attorney General Rowland, stating that the department's approach breached the government's model litigant rules.

Allegra Spender, Monique Ryan, Ralph Babet, Lidia Thorpe, David Shoebridge, Jacqui Lambie, Pauline Hanson, and David Pocock are among the signatories to the letter. The parliamentarians stated, "It is clear to us that this is an attack on our freedom of information regime, with the intent of deterring Australians from pursuing access to information." The letter also stated, "Dragging an ordinary citizen, self-represented and under threat of costs, to argue questions of law raised by the government is most unfair."

The Human Rights Law Centre, Transparency International Australia, and the Media, Entertainment and Arts Alliance are also seeking Attorney General Rowland's intervention in the case. Patrick stated, "This latest threat is nothing more than a backdoor way to undermine Australia's already broken FOI system and ensure the government can continue to choose secrecy over accountability." He added, "I hope the attorney general intervenes. It's in the public interest for her to do so. Anthony Albanese was elected under the promise of a new era of transparency. As opposition leader, Albanese said the 'delays, obstacles, costs and exemptions' in our FOI system made it easier to hide information from the public." A spokesperson for Attorney General Michelle Rowland declined to comment on the case on Wednesday. In March, the government withdrew proposed changes to freedom of information laws that would have imposed new fees.

Why It Matters

This case involves a legal challenge over freedom of information requests concerning the storage of nuclear waste from the AUKUS submarine fleet. The department's pursuit of legal costs against a private citizen for engaging with the Freedom of Information (FOI) system has drawn criticism from a group of politicians and civil society organizations. The outcome could influence how individuals and organizations pursue transparency through FOI requests in Australia, particularly regarding sensitive government information.