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Government secrecy challenged in new case

Rebecca GredleyAAP
ACF is challenging Environment Minister Sussan Ley's refusal to release documents requested via FOI.
Camera IconACF is challenging Environment Minister Sussan Ley's refusal to release documents requested via FOI.

The federal government's secrecy over priority projects is set to be challenged by a major environmental organisation with the help of a top lawyer.

Geoffrey Watson SC will argue the Australian Conservation Foundation's case at the Administrative Appeals Tribunal, with the first steps to be taken on Tuesday.

ACF are filing the case at the AAT challenging Environment Minister Sussan Ley's refusal to release documents requested through Freedom of Information laws.

The documents are two emails between Ms Ley and Prime Minister Scott Morrison's offices, relating to 15 projects that were declared a priority for Australia's economic recovery and would be fast-tracked.

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ACF's Jolene Elberth says the emails could reveal how those projects were chosen and what approvals had occurred.

"Australians absolutely have a right to know how the government makes decisions about the environment, particularly regarding such controversial projects," she said.

The projects include an upgrade to Perth Airport, the Narrabri gas field project in NSW, and the expansion of the Olympic Dam copper and uranium mine in South Australia.

ACF says Ms Ley's office deemed the release of the material as not in the interest of the public.

Mr Watson, who is also director for the Centre for Public Integrity, will challenge the government's use of the public interest test to block the emails.

Information is blocked through FOI if deemed to reveal the government's decision-making process, but then a public interest test is applied to see if it's in the community's favour to know the details.

ACF has also received legal advice pointing to the grey area of whether or not the same cabinet exemptions apply to national cabinet.

National cabinet was set up last March to bring political leaders together in order to deal with the coronavirus pandemic.

Months later Mr Morrison announced the Council of Australian Governments process would be scrapped and replaced with monthly national cabinet meetings.

While cabinet deliberations - between Scott Morrison and hand-picked federal ministers - cannot be accessed through FOI, it's unclear if the same rules applies to national cabinet.

ACF is expecting an AAT hearing date later in the year after filing documents on Tuesday.

The case is being assisted by Grata Fund, a group set up to help campaigns challenge decision-makers in court.

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