George Brandis to face tribunal
A court fight is brewing between Federal Attorney-General George Brandis and his Labor counterpart Mark Dreyfus over access to his electronic ministerial diary.
In March last year, Mr Dreyfus lodged a Freedom of Information (FOI) request for access to Senator Brandisâ diary, contained in his email program.
He was seeking a print-out of all the diary entries, including notes of his meetings and appointments for the period from September 18, 2013 to March 27, 2014.
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But his request was denied by Senator Brandisâs chief of staff, Paul OâSullivan.
The grounds for the denial was the âpractical refusal reasonâ that giving access to the documents would âsubstantially and unreasonably interfere with the performance of the Ministerâs functionâ.
âToday I will be challenging Senator Brandisâs refusal to release his ministerial calendar of appointments under FOI in the Administrative Appeals Tribunal,â Mr Dreyfus said.
âSenator Brandis has taken an unnecessarily obstinate approach to what should be a routine request. He refuses to release any part of his calendar.
âFOI is a vital tool for maintaining transparent, accountable government. Australians have a right to know what the Government is doing.â
Mr Dreyfus argued key policy decisions have been made while Senator Brandis has held the office and â[Australians] have a right to know what senior Government ministers are doing with their time, who theyâre meeting with, who theyâre being lobbied byâ.
âSenator Brandis thinks heâs above the rules. He has no interest in accountability,â Mr Dreyfus said.
âHis own officials have admitted that they play âhardballâ on FOI and he has slashed funding to the FOI watchdog and plans to abolish it altogether.â
Letters between Senator Brandis and Mr Dreyfusâs offices, provided to the ABC, outline an at times terse argument between the two camps.
Mr Dreyfus, a Queens Counsel and who the ABC understands will be representing himself at the tribunal, wrote that the claim producing the documents would interfere with the Attorney-Generalâs work was âextremeâ.
âThere is no reason why the task of locating relevant calendar entries and printing a copy of them could not be delegated to a departmental officer of junior ministerial office staff,â Mr Dreyfus wrote.
âIndeed, anybody with the most rudimentary IT skills would be capable of performing this basic function.â
Mr Dreyfus argued all he was after was a week-by-week print-out of the diary.
It was an assertion the Attorney-Generalâs office strongly denied, citing Senator Brandis would have to be personally involved in considering which diary entries could be disclosed.
âThe office of the Attorney-General estimates that a hard copy print-out for the relevant period would be about 220 pages long and contain approximately 2,400 separate appointment entries,â Mr OâSullivan wrote in reply.
âYour request would therefore, on a conservative view, engage the Attorney-General for at least 40 hours.
âIt would also likely engage senior ministerial advisers, and other staff, for a considerable period of time.â
Mr Dreyfusâs office pointed to another case to argue in favour of opening up the diary, involving current Minister for Territories, Local Government and Major Projects, Paul Fletcher.
In 2013, Mr Fletcher was seeking access to the calendar of then prime minister Julia Gillard.
But the Attorney-Generalâs office said Mr Fletcherâs request was more narrow and easier to accommodate, and did not fit with the current dispute.
Senator Brandisâs office declined to comment, saying the matter was before the courts.
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