The Administrative Appeals Tribunal on 5th August, 2021, delivered by Federal Court judge Richard White, said that “National Cabinet” had not been established as a committee of the Morrison Cabinet and as such could not be included under the “secrecy exemption” of the FOI Act. Justice White rejected the Morrison government’s plea it was a committee of the federal Cabinet. [1]
A June 1, 2020 FOI request failed to provide usual documents to justify the March 13, 2020 creation of a National Cabinet (NC), under the auspicious of a National COVID-19 response group. The body includes the Prime Minister, each State Premier and Chief Ministers. [2]
The NC first met on March 15, 2020. After each NC meeting the Prime Minister holds a press conferences announcing the “decisions of the National Cabinet” regarding the COVID-19 response. Each State chooses whether to implement decisions or not, this is not consistent with a Cabinet, yet those decisions reference the National Cabinet’s recommendations including their National vaccine rollout.
The NC are now subject to FOI requests, they are not exempt as decided by Justice White.
On 29 May 2020, the National Cabinet agreed to the cessation of the 1992 formed Council of Australian Governments (COAG) [archive].