No answers on Makarrata commission from freedom of information documents

Anthony Albanese and Linda Burney are invoking cabinet in-confidence to keep discussions secret, despite more taxpayer money being spent on the truth-telling body.

Indigenous Australians Minister Linda Burney. Picture: Getty Images

Anthony Albanese and Linda Burney are invoking cabinet in-confidence to keep secret government discussions on the future of a Makarrata commission, despite more taxpayer money being spent on the truth-telling body in the wake of the voice referendum failure.

The National Indigenous Australians Agency, which falls under the Prime Minister’s Department, has used Freedom of Information privacy provisions to block correspondence on the Makarrata commission requested by The Australian.

Heavily redacted email chains released by the NIAA on Reconciliation Week reveal strategies adopted by the government to manage fallout from the voice referendum defeat without providing clarity around the Makarrata commission.

The FOI response includes a single-page document released in full indicating the total spend on a Makarrata Commission had increased from $466,652 as of Aug­ust last year to $632,616 by January this year, including $613,219 on employee costs and $19,397 on supplier costs.

Jim Chalmers’ first budget in October 2022 allocated $5.8m over three years to begin setting up a Makarrata commission overseeing “processes for agreement-making and truth-telling”.

After the voice referendum in October last year, Mr Albanese and Ms Burney have refused to reveal the future of the key pillar of the Uluru Statement from the Heart and maintained Labor will “take its time” with the process.

Ms Burney said this month the government remained “committed to truth-telling and $5.8m remains available for that”.

         

“Of course, the work of truth-telling and treaty continues on at a state and territory level, and we do not want to get in the way of that,” she said.

The NIAA invoked sections 34 and 47 of the FOI Act to block ­access on the grounds of “deliberative processes (and) cabinet documents”, as well as section 22 that exempted “information that is irrelevant”.

The Australian had requested communication between the NIAA and Jim Chalmers’ office, the Prime Minister’s Office, Ms Burney’s office and the Department of Prime Minister and Cabinet in relation to Makarrata funding and the future of the proposed commission.

Partially redacted NIAA correspondence released to The Australian reveals a flurry of activity after Noel Pearson’s critique of Mr Albanese at the Woodford Folk Festival on December 30, following the Prime Minister’s comments the voice referendum defeat was not a “loss to me” because he was not Indigenous.

Mr Pearson reportedly accused Mr Albanese of “running away” from Indigenous affairs.

On January 8, a Department of Prime Minister and Cabinet official contacted the NIAA asking for “updated TPs (talking points)”.

“In particular, we are seeking language related to post-referendum next steps, including on the Uluru Statement from the Heart,” the PMC staffer wrote.

They asked if existing talking points had been updated or whether they should continue using lines including referring people to the NIAA who was “best placed to answer questions related to the establishment of a Makarrata commission”.

Other talking points included: “the referendum did not pass … the government respects the decision of the people”; “the government is considering next steps following the referendum and will continue to listen to and work with Aboriginal and Torres Strait Islander people going forward”; and “the government made a commitment to implement the Uluru Statement from the Heart, which called for a voice enshrined in the Constitution”.

The NIAA response on January 9 said the “most up-to-date line is: the government will take the necessary time to reflect on what implications the outcome of the referendum has for truth-­telling and treaty.

“The government will speak to state and territory governments and First Nations leaders as a first step.”

Other emails tagged as “protected/cabinet” and heavily redacted indicate correspondence across January and February involving Ms Burney’s office, the office of the NIAA chief executive and senior NIAA officials.

“Hi all – as requested updated recs and summary of the (section 34 redaction) for review and clearance … can you please make changes as discussed and send,” emails on January 25 said.

The government has come under scrutiny for the refusal to release other sensitive documents under FOI, particularly the modelling underpinning the government’s pledge to deliver billions of dollars in already budgeted cuts to National Disability Insurance Scheme funding.