Secretive Albanese government goes backward on transparency

Labor is hiding information from the public more often than the Morrison government despite campaigning on a platform of integrity, frustrating a critical accountability mechanism intended to maintain faith in bureaucrats and keep politicians honest.

Analysis by the Centre for Public Integrity shows Canberra’s culture of secrecy has sunk to its worst point in more than a decade, with the proportion of freedom of information requests released in full plunging from almost half in 2021-22 to just 25 per cent under Labor in 2023-24.

There was a big drop in FOI documents being released in full under Anthony Albanese.Credit: Dominic Lorrimer

The government is increasingly releasing documents to the public filled with black ink covering up key sections of text and Labor is more often ignoring Senate votes requesting details on policies and ministers’ decision-making.

Independent senator David Pocock said the data under Anthony Albanese’s watch was shameful compared to the prime minister’s predecessor, Scott Morrison.

“To be more secretive than the government of a prime minister who had five secret ministries is something the Albanese government should be deeply embarrassed about and ensure they fix in their second term,” he said.

Rejection of freedom of information requests over nine years of Coalition government hovered between 10-18 per cent, but spiked to 24 per cent in Albanese’s first term. And the proportion of documents granted in full dropped from almost 60 per cent in 2012 to 25 per cent in the year to July 2024.

Official reviews of these decisions to block information found that only 45 per cent of the refusals were made on legitimate grounds, meaning more than half the justifications for secrecy were flawed.

Attorney-General Michelle Rowland’s spokesperson pointed out that the Office of the Australian Information Commissioner had its funding boosted by Labor, a move endorsed by the Centre for Public Integrity.

About 15 per cent more freedom of information requests were being finalised in 2023-24 than the previous year, the spokesperson said. “Freedom of information laws are essential to Australia’s democracy,” they said.

The government’s reluctance to release information extended to its compliance with the Senate, which has the power to compel the release of documents.

In about 1000 days of governing, the Albanese government made one claim every week that it would harm the public interest to release information. The Morrison government made such claims once every three weeks, although the Albanese government faced more Senate orders to release information.

Labor has respected the wishes of the Senate on about one-third of its requests, compared with half the time under Morrison’s government.

Transparency and integrity became key themes under the previous Coalition government after security services raided the home of journalist Annika Smethurst, allegations of pork barrelling and revelations that Morrison secretly signed himself into various ministries.

Labor regularly chided the Coalition over accountability issues. Albanese said in 2019 as Labor leader: “We don’t need a culture of secrecy. We need a culture of disclosure… Reform freedom of information laws so they can’t be flouted as they have been by this government.”

Since coming to power, Labor created the National Anti-Corruption Commission and restored merit-based appointments to the federal administrative tribunal. It appointed a new freedom of information commissioner to work through a major backlog of claims.

The report also found real government funding to the commission that oversees freedom of information had grown 97 per cent under Labor in real terms, more requests were being dealt with initially within the legal deadline of 30 days, and the regulator was finalising more reviews.

But it has increasingly used non-disclosure agreements to stop people speaking about policy proposals when the government has consulted them on issues such as gambling and industrial relations.

Dr Catherine Williams, research director at the Centre for Public Integrity, said Labor’s actions suggested a “deliberate effort to avoid scrutiny”.

“The Senate is being blocked from fulfilling its constitutional role of holding the government to account. This trend is dangerous for democracy,” she said, urging the establishment of an independent authority to police the use of public interest immunity claims that allow governments to argue the release of information will harm national security or breach cabinet confidentiality.

The Coalition raised more concerns over government accountability after Labor changed parliament’s rules on Wednesday. The change handed the crossbench an extra question in question time at the Coalition’s expense, reflecting its diminished numbers. However, the government stopped short of giving itself an extra “Dorothy Dixer” question – one in which a backbencher raises an easy query of a Labor minister.

The government also stopped the names of MPs voting for a motion from being recorded if there are fewer than six on one side of the issue.

While designed to make parliament operate faster, it will make it harder for crossbench MPs to wedge the government on uncomfortable questions where its MPs are split.

Manager of opposition business Alex Hawke said the Albanese government had wielded its “super majority” on the first day of parliament to further reduce scrutiny on its ministers.

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