Government loses bid to keep terror funding documents secret

Lead

The Royal Commission on Anti-Semitism and Social Cohesion has rejected the federal government's public immunity claim over cabinet documents related to counterterrorism funding, clearing the way for the inquiry to access materials the government had sought to keep secret.

Commissioner Virginia Bell ruled that it was in the public interest for the inquiry to view the documents, which pertain to the counterterrorism enforcement budget and decisions made between 2020 and 2025. The ruling allows the commission to conduct what it described as a "thorough examination of the issues raised" in relation to counterterrorism funding, particularly in the lead-up to the Bondi terror attack.

Coverage Comparison

The decision, reported by Australia's public broadcaster, marked a setback for the government, which had argued that the documents should remain confidential under standard cabinet confidentiality principles. Attorney-General Michelle Rowland defended the government's public interest immunity claim as "standard procedure," insisting there was "nothing novel" about the Commonwealth seeking to protect cabinet confidentiality.

In a written submission to the commission, Mike Burgess, director-general of the domestic spy agency ASIO, addressed the documents directly. According to reports, Burgess stated that ASIO was not directed by any minister between January 1, 2023, and November 2025 to reduce counterterrorism efforts to service other priorities, and that he was not aware of any such decision or direction to any intelligence agency.

However, opposition Senator Jonathon Duniam accused the government of trying to protect itself against scrutiny, according to a single outlet's report. The claim has not been independently verified by other sources.

Key Claims

The government made a public interest immunity claim over the cabinet documents, which Attorney-General Michelle Rowland defended as standard procedure for matters related to cabinet, as reported by multiple sources.

Commissioner Virginia Bell found it was in the public interest for the inquiry to access the documents, stating that there were "no issues of disclosure to the public or to another party" because only she and those who read her confidential report would see the contents, according to a single source.

The documents are critical to allow the commission to conduct a thorough examination of issues related to counterterrorism funding, a claim carried by a single outlet and attributed to Commissioner Bell's finding.

Mike Burgess said ASIO was not directed to shift resources from counterterrorism, a statement reported by multiple sources.

Jonathon Duniam accused the government of trying to protect itself against scrutiny, a claim carried by a single outlet and not yet independently verified.

Perspectives

Government's position: Attorney-General Michelle Rowland and the government argue that cabinet confidentiality is a well-established legal principle that attracts public interest immunity in legal proceedings and royal commissions. They maintain that the claim is standard procedure and that ministers rely on the assumption of confidentiality to ensure candour in their deliberations.

Commission's ruling: Commissioner Virginia Bell weighed the public interest in disclosure against the public interest in maintaining confidentiality. She acknowledged concerns raised by the prime minister's department secretary, Steven Kennedy, that releasing the documents could reduce candour in future cabinet discussions. However, she concluded that the public interest in allowing the commission to fully assess whether intelligence and law enforcement agencies did their job in the lead-up to the Bondi terror attack outweighed those concerns.

ASIO's clarification: Mike Burgess's submission clarifies that ASIO was not directed to reduce counterterrorism efforts in favor of other priorities during the period under review. This directly addresses questions about resourcing decisions that the commission has been examining.

Opposition criticism: Senator Jonathon Duniam's accusation that the government is trying to protect itself against scrutiny reflects political criticism of the government's actions, though this perspective has only been reported by one outlet.