Jacinta Allan wrote to the Commonwealth Games inquiry committee on October 7 claiming executive privilege over evidence

A summons has been issued which could uncover key details on the state government’s decision to cancel the Commonwealth Games.

The Allan government has been ordered to hand over key documents which could uncover details behind its decision to cancel the Commonwealth Games.

It comes after Ms Allan, who has refused to be questioned by the committee, warned witnesses had been put on notice to remain tight lipped.

In a letter revealed for the first time, Ms Allan wrote to the committee on October 7 claiming executive privilege over evidence.

Now a summons has been issued by the committee for all briefs provided to ministers responsible for the Department of Premier and Cabinet, the Department of Treasury and Finance, the Department of Jobs, Skills, Industry and Regions, and their predecessors.

Ms Allan has refused to be questioned by the Commonwealth Games inquiry committee. Picture: David Crosling

They have until November 30 to comply with the order.

In the October 7 letter Ms Allan said the government would maintain a consistent approach to executive privilege meaning a range of documents and witnesses would be protected from disclosure.

They would include any evidence that would reveal the deliberative processes of Cabinet or Executive Government or “otherwise genuinely jeopardise the necessary relationship of trust and confidence between a Minister and public officials”.

Information that would “materially damage the State’s financial or commercial interests” would also be covered, she said.

Ms Allan said the government would maintain a consistent approach to executive privilege meaning a range of documents and witnesses would be protected from disclosure. Picture: Ian Currie

Ms Allan said witnesses who had been invited or summonsed to give evidence would be informed of the government’s view.

“The Select Committee has no power to compel the disclosure of information in the classes described above,” she said.

Ms Allan said the principles of executive privilege were consistent with the Victorian public servants’ code of conduct, which prohibited the release of information that would be prejudicial to the public interest.

“For the avoidance of doubt, for the purposes of the Code, I certify that disclosure of the information in the classes above would be prejudicial to the public interest, unless Ministerial approval to disclose the information has been given,” she said.

It is understood the committee has already sought advice over resolving disputes where a claim of executive privilege is made.

In a letter to the committee Clerk of the Legislative Council, Robert McDonald, raised doubts about the government’s overarching executive privilege claim.

Mr McDonald said previous advice from prominent lawyer Bret Walker, SC, found the Legislative Council had a general power to order documents.

Mr Walker found there was no precedent for a successful claim on behalf of the Executive to resist all and any orders for papers.

Ms Allan said witnesses who had been invited or summonsed to give evidence would be informed of the government’s view.

The cancelled Games were due to be held in regional Victoria in 2026. Picture: Supplied

He also found executive privilege and public interest immunity were not sufficient claims for non-production of documents.

“If a claim of executive privilege is made following a summons, the Committee can engage in correspondence to determine whether there is an alternative method of getting access to the information it needs or it can question agencies about the claim at public hearing,” Mr McDonald said.

If the government refuses to release documents to the committee, the Legislative Council can order it to do so.