Legal representatives for the former prime minister Scott Morrison have asked for a public interest immunity claim to be lifted, so his full response to the Robodebt royal commission can be made public.
Mr Morrison, also a former minister for social services and treasurer, has been called to appear before the commission next week.
The former prime minister's lawyer, Dr James Renwick SC, has argued in a directions hearing that Mr Morrison's response to the commission — which refers to Expenditure Review Committee meetings and minutes, and cabinet meetings and minutes – should be wholly public.
Parts currently fall under a public interest immunity claim, which protects the workings of government, such as cabinet confidentiality.
Dr Renwick told Commissioner Catherine Holmes that Mr Morrison's evidence could only be true, correct and complete, if the public interest immunity claim is lifted.
"What is the Commonwealth going to do every time Mr Morrison says, 'Well actually there is a reason I did that, and I'd like to mention it', the Commonwealth's going to say, 'No — cabinet — can't mention it?' It's going to cause enormous practical difficulties."
Private hearing to be held this week
During the legal argument, Commissioner Holmes outlined the situation before her.
"I have to consider the public interest in preservation of confidentially of cabinet material and cabinet committee material," she said.
"And I have to consider the public interest in Mr Morrison being able to advance his position, which needs me to be able to understand why particular documents actually matter to him … and then there's the public interest in the commission's own role of discovering what actually happened."
A similar application was successfully made by former prime minister Kevin Rudd when he appeared before the royal commission into his government's home insulation scheme in 2014.
A private hearing will be held later this week to further consider the matter.
Former minister for human services Marise Payne is also expected to appear next week, and the royal commission expects to call other former government ministers in later hearings.
