Federal government to overhaul secrecy laws in win for media

The Albanese government will overhaul secrecy laws to better protect media outlets in sweeping reforms that would see journalists only prosecuted for certain breaches on the intervention of the A-G.

Attorney-General Mark Dreyfus announced the reforms on Tuesday. Picture: Martin Ollman

The federal government will overhaul secrecy laws to better protect media outlets in sweeping reforms that would see journalists only prosecuted for certain breaches on the intervention of the Attorney-General.

As part of the reforms, criminal liability would be stripped from more than 100 Commonwealth secrecy offences and – in the wake of the PwC scandal – a new law would also be introduced to hold public servants to account if they “breached their obligations”.

Announced by Attorney-General Mark Dreyfus KC on Tuesday, the federal government was set to reduce the number of secrecy offences currently on the books, to both strengthen those set to remain but also improve press protections.

“Secrecy offences play an important role in preventing the unauthorised disclosure of information, which can undermine national security and harm the public interest,” Mr Dreyfus said.

“However, there have long been concerns about the number, inconsistency, appropriateness and complexity of Commonwealth secrecy offences.”

As part of the reform, criminal liability would be removed from almost 170 secrecy offences, out of the 875 total secrecy offences, and protections for press freedom and individuals providing information to Royal Commissions would be strengthened.

A new offence would address the issues raised by the alleged PwC breach of confidentiality. Picture: Damian Shaw

Under the reforms, ministerial consent would be required for the prosecution of journalists for certain secrecy offences.

“The Albanese government believes a strong and independent media is vital to democracy and holding governments to account,” Mr Dreyfus said,

“Journalists should never face the prospect of being charged, or even jailed, just for doing their jobs.”

The new safeguard, supported by the Australian Press Council, would “further enhance protections for public interest journalism”, the Attorney-General said.

Mr Dreyfus said further reductions in the number of offences would come through the enactment of a new general secrecy offence in the Criminal Code Act, that would ensure Commonwealth officers and others with confidentiality obligations would be held to account for “harm caused by breaching those obligations”.

“This new offence will also address the issues raised by the alleged PwC breach of confidentiality,” the Attorney-General said.

The reforms come after the Attorney-General instructed his department to conduct a comprehensive review in Commonwealth secrecy provisions and laws, instigated in December 2022, after a 2018 committee recommended the existing legislation be rethought.