The Albanese government came to power promising to govern with transparency after a decade of increasing secrecy under the Coalition. But as transparency advocate and former independent senator Rex Patrick likes to quip, it is one thing to decry opacity from the opposition benches and quite another to do something about it when in government.
At least halfway through its term, it is fair to say that the Labor Party has a mixed record of letting sunlight disinfect the inner workings of the state.
There are some significant developments for which the government deserves plaudits. The establishment of the National Anti-Corruption Commission is a landmark, institutional step towards embedding integrity in government. The robodebt royal commission unflinchingly exposed a shameful episode in our bureaucratic history.
Attorney-General Mark Dreyfus exercised his power to end the unjust prosecution of Bernard Collaery for his alleged role in exposing Australia’s morally bankrupt espionage against Timor-Leste. A flurry of reviews have been commissioned — into our draconian secrecy laws, the national security regime that allows secret prosecutions, and our failing whistleblower protection schemes.
It’s fair to say that Labor certainly talks the talk on transparency. But it doesn’t always walk the walk.
In some respects it’s been business as usual when it comes to government secrecy. Despite doing the right thing in dropping the Collaery prosecution, the government continued to fight to keep parts of the case secret, and broke a preelection promise to hold an inquiry into the bugging scandal.
Australia’s freedom of information regime is dysfunctional — departments regularly ignore legally mandated deadlines or return pages with more redactions than content. Yet Labor voted against a Senate inquiry into freedom of information and has shown little inclination to fix things, even fighting attempts to access ministerial calendars. The Albanese government also misleadingly “downgraded” a recommendation from the robodebt royal commission about FOI reform so it could say it was accepting all recommendations when it wasn’t.
Dreyfus refuses to end the prosecution of Afghan Files whistleblower David McBride or tax office whistleblower Richard Boyle. McBride will be sentenced in March and could face a lengthy jail term, while Boyle is awaiting an Appeal Court ruling on whether he is protected by whistleblowing laws — if he loses, he will face trial in September. These cases are having a very real, chilling effect on whistleblowing in Australia — as a lawyer specialising in whistleblowing, I hear this first-hand from my clients.
There is even some backsliding from Labor. Although there are positive recommendations in a review of secrecy offences, the government is proposing to criminalise disclosures that could cause prejudice to the effective working of government, a worryingly broad approach. And compliance with parliamentary accountability mechanisms, such as orders for the production of documents (an important part of Parliament’s oversight role), is, by some metrics, worse than under the Morrison government.
In short, there is much to do for Labor to live up to its promise of transparency. As we head towards the next election, 2024 offers Labor a prime opportunity to demonstrate its transparency bona fides. This will be particularly important with independents and Greens candidates likely to campaign on transparency and integrity at the election, and the very real prospect of a minority government supported by the crossbench.
Robust, comprehensive whistleblowing reform is an important start. The Attorney-General’s Department is busy reviewing public sector protections, while private sector whistleblowing is also up for review this year. Most critically, Australia desperately needs an independent, well-resourced whistleblower protection authority, to oversee and enforce whistleblowing laws and support whistleblowers. Labor promised such a body at the 2019 election, but has now reverted to only considering whether it is necessary. A whistleblowing authority was a compelling idea in 2019 and it is an even better idea now. It should be legislated before the election.
Principled secrecy reform, swift implementation of recommendations by the national security monitor into laws that undermine open justice, more funding for FOI functions, and respect for parliamentary oversight — there’s much to be done in the 12 months ahead.
Living up to aspirations of transparent government is hard. Secrecy and opacity are always easier. Embedding real transparency requires not just laws and shiny new institutions, but courage and leadership to drive real, enduring cultural change. It is time for Labor to prove its mettle on transparency.
A transparent government is a better government. Transparency and accountability mechanisms ensure representative, responsible government — governing for the people, not for vested interests. Transparency prevents wrongdoing and ensures that when it happens it can be nipped in the bud.
Imagine the human and financial cost that could have been avoided had early robodebt whistleblowers been heeded. Imagine if courageous whistleblowers had not come forward and the heinous war crimes committed by Australian forces in Afghanistan had remained hidden.
Transparency matters. Labor should live up to its commitment and pursue a courageous transparency agenda in 2024.
What steps should Labor take to make government more transparent? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name to be considered for publication. We reserve the right to edit for length and clarity.
