The Finocchiaro CLP Government has passed legislative amendments to block the public’s right to access documents that would reveal the reasoning behind ministerial decisions, which it said was necessary to protect former Labor mines minister and current Tamboran Resources executive Nicole Manison’s emails from being made public as part of an ongoing court case.
The amendments to the Information Act will now prevent any communications between ministers and their staff from being accessible through Freedom of Information laws.
It comes as the CLP revealed the government has charged taxpayers nearly $200,000 to fight the release of Ms Manison’s emails in relation to a decision she made to lower the security bond for the MacArthur River Mine in 2021. The Environment Centre NT took the matter to the Supreme Court after the emails between Ms Manison and her staff were withheld by the government, in hopes of getting the court to strike out the grounds for blocking their release.
Attorney-General Marie-Clare Boothby said the amendments to the FOI laws – which were heavily criticised by the Centre for Public Integrity – were needed to “restore our unique Territorian way of life”.
“These changes will put an end to the misuse of FOI mechanisms employed by green groups such as the Environment Centre, who launched a costly expedition in search of…documents from a former Labor minister,” Ms Boothby said.
“Territorians have already paid nearly $200,000 in that case alone – and it’s still ongoing. At the same time, these reforms clarify and protect the public’s right to access information.”
She did not say that the government could have avoided that cost to taxpayers by simply handing over the public documents in accordance with FOI laws.
The amendments will now prevent any member of the public from accessing correspondence between ministers and their staffers.
“[This] is not good, accountable government, [this] is government in the shadows,” independent MLA Justine Davis said in Parliament during rushed debate on the amendments Thursday night.
“I am calling on the government to withdraw these Information Act amendments entirely, because if you believe in transparent and accountable government as you say, you do not need to hide your communications from the people you serve.”
Greens Member for Nightcliff Kat McNamara asked what the government was trying to hide.
“There is no reason for the changes to the FOI laws, apart from hiding things, making things more secretive and not letting the public know what is going on,” McNamara said.
“Transparency and access to information is one of the core pillars of a healthy democracy.”
Environment Centre NT executive director Kirsty Howey said the organisation was currently seeking legal advice “on these alarming changes” and whether their case can proceed.
“No other jurisdiction in Australia expressly excludes internal communications between ministers and their staff from Freedom of Information laws,” Ms Howey said.
“This is a shameful attack on transparency and accountability from a government that looks like it has something to hide.
“This will block public access to documents such as emails between ministers and their staff, meeting agendas, minutes and other political correspondence.”
She added ECNT was hopeful “there may be some value in seeking a judgment from the court about the definition of public records”, but it was unclear if the case on Friday if the case would continue.
The bill, which was an ominbus bill, meaning it bundled together other small legislative changes, passed Parliament with the support of Labor late Thursday night. The bill also included amendments to reduce wait times for gun ownership, a new process to appoint the Public Trustee and also included amendments to the Police Administration Act to make senior police recruitments merit-based, which was a major recommendation of the Justice Alan Blow review into senior police appointments.
Ms Boothby, during consideration in detail, confirmed the amendments to the Information Act would mean that any ministerial communication related to any portfolio involving any minister will no longer be subject to FOI laws.
Nobody asked if the amendments would be retrospective.
A previous draft of the bill included “assistant ministers” in the FOI exemptions, but that was withdrawn and the government was forced to admit that “assistant” minister is not a real position in Parliament.
Why does it smell so fishy in here?
Interesting that one particular FOI exposing communication between a a former Labor Minister and her ugly assed minions, would expose:
(a) How Bad That Labor Minister was and for some other worldly reason, the CLP need to save her. What saucy hold do the ALP have over the Chief Minister? Does it have something to do with some witnessed debauchery in Alice?
Or the long term debauchery of public funds at the Waterfront?
or/and
(b) How unbelievably commercially bad the GAS deal was for Territorians and fantastic for the new employer of the old Labor Minister who signed off on it, and exposing the current NT Photography Contest trading as “the CLP” to questions of, what is your well photographed, highly compromised snout going to do about it?
Territorians should be vigorously exercising their democratic rights, ala the recommended FOI lodgments
or the less popular “Suzi’s Crepe Flinging Method of Political Feedback”
or the “George’s inquisitive and yet just short of defaming, Media posts”
NT Labor – disreputable.. No values. No principles. No honour.
Selena – who told you to support the amendments and why did you?
So how much is Nicole Manison earning in current work at Tamboran per annum? In April of 2024, did the then NT Chief Minister Eva Lawler sign a nine-year deal with Tamboran to buy fracked gas from the Beetaloo Basin in the Northern Territory?
Excellent question, Lucio.
Good morning all,
I offer 3 points
(1) It is my intention to further burden the federal government, given under the constitution exercises full legislative powers over the NT, to energise federal ICAC systems to oversight all matters concerned within NT government agencies, resources and processes!
(2) That Territorians in the months leading up to the next election are reminded of all these LiaR and CLP questionable moments. Furthermore that we each accept the fact that not one CLP MLA has stepped up and offered a standpoint on any questionable issue- just silent and compliant baa baa lambs! Each MLA’s silence is the loudest expression of disrespect for each of their electorates!
Labor have been ever so quiet and compliant hmmmm!
(3) As public officers you are and must be held to account, any deviation from this suggests a most distasteful level of trust! Do Territorians appreciate that accountability also rests on the shoulders of the suppressed for their own lack of “ fight back”!
Keep great
The Australian independent Alliance Party
“restore our unique Territorian way of life”.
As in, being corrupt AF?
Drill Baby Drill. If you greenies don’t like it, you can all move back to Melbourne
How are you JT. Following on from your comment I hear that planes are packed with greenies returning to Melbourne. May I suggest the salient point might be why the Labor opposition supported the emasculation of the Information Act via amendments introduced by A-G Boothby including retrospective provisions to kill off a matter currently under consideration by the NT supreme court. This conduct has yet to be explained by Selena Uibo or anyone else in the NT Labor caucus. John – you might recall some of the maladministration discovered by the NTI and the then Labor opposition via strategic FOI applications in recent years – corrupt conduct by Foundation 51 covering up illicit campaign donations, blatant ministerial travel rorts, a one million dollar payment to an entity on the Tiwi islands that disappeared without trace, a former Labor administration corruptly using taxpayers money to fund its party’s election campaign, approval of illicit and unlawful water licences, abuse of COVID works grants…..The current federal intervention or grants from Tamboran will not save NT Labor. I’ve heard there are lots of Labor supporters returning to Melbourne too mate. This weeks quiz – why did Labor support pernicious retrospective amendments to the Information Act?
May I request information about the Tiwi missing million, Charlie. I was unaware of this. Thanks. tonyryan43@gmail.com
Tony- I recall stuff on the parliamentary record and in the public domain including Auditor- General reports and media commentary. Viewed through the wider lens of NT political history NT Labor’s support for the CLP’s attack on the public’s right to know is even more perplexing. The Hon Peter Toyne, MLA, Attorney- General in Chief Minister Clare Martin’’s reformist government, introduced the first ever NT Information Act. The Act was comprehensive and progressive and enshrined the community’s right to access government information in the public interest. Saliently, the Act did not include exemptions like those enacted in the recent sittings by the CLP with ALP support. NT Labor’s stance on the Bill is not only inimical to the public interest, it betrays the Martin-Toyne legacy of good Government and accountability. As a general rule, governments dislike FOI and oppositions, media and ordinary citizens support it – for obvious reasons – but not the NT ALP. Is there there anyone in a leadership position, caucus, administrative committee or party membership who can truthfully explain the Opposition’’s contempt for our NT democracy.