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Summary of key information requested
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Refusal and reasons provided
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Reference
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Legal authority of the former Minister for Sport (minister)
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On 5 February 2020, the Senate agreed to Order for the Production of Documents No. 388 for advice provided to the Attorney-General regarding the legal authority of the minister to approve funding decisions under the Community Sport Infrastructure (CSIG) Program.
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On 11 February 2020, a claim of public interest immunity was made by the Hon Christian Porter MP, Attorney-General, in relation to the advice. The reason provided was ‘it is not in the public interest to depart from the established position … to not disclose the fact or content of legal advice’.
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Journals of the Senate, No. 37, 5 February 2020, p. 1218; The Hon Christian Porter MP, Attorney-General, Letter to the President of the Senate regarding Order for the Production of Documents No. 388, tabled 11 February 2020.
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On 5 February 2020, the Senate also agreed to Order for the Production of Documents No. 379, which included any advice received from the Australian Government Solicitor in relation to the CSIG program.
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On 13 February 2020, Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, claimed public interest immunity in relation to the report on the grounds that it informed, and was the subject of, Cabinet deliberations.
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Journals of the Senate, No. 37, 5 February 2020, p. 1216; Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, Letter to the President of the Senate regarding Order for the Production of Documents No. 379, tabled 13 February 2020.
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On 27 February 2020, at a public hearing, Sport Australia was asked whether the provisions of the Australian Sports Commission Act 1989 gave the minister the power to approve the award of funding under a grant program administered by Sport Australia. Sport Australia told the committee that it had sought legal advice on this issue for its ‘board purposes’ and would be ‘happy to provide that opinion to this committee’.
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On 16 July 2020, Senator the Hon Richard Colbeck, Minister for Youth and Sport, claimed public interest immunity in relation to legal advice obtained by Sport Australia. The reason provided was that the release of the advice could prejudice pending legal proceedings.
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Mr John Wylie, Chair, Australian Sports Commission (ASC), Committee Hansard, 27 February 2020, p. 15; Senator the Hon Richard Colbeck, Minister for Youth and Sport, correspondence received 17 July 2020.
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On 10 March 2020, the committee wrote to Sport Australia asking what was the legal basis for the Minister to provide approval to fund grants under the CSIG program. The committee also asked specific questions about when Sport Australia had sought legal advice, who was provided a copy of that advice, and what did the advice say.
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On 13 May 2020, Sport Australia undertook to provide its legal advice on a confidential basis. Subsequently, on 16 July 2020, Senator the Hon Richard Colbeck, Minister for Youth and Sport, claimed public interest immunity in relation to the legal advice obtained by Sport Australia. The reason provided was that the release of the advice could prejudice pending legal proceedings.
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Sport Australia, answers to written questions on notice, 10 March 2020 (received 13 May 2020), [pp. 8–9]; Senator the Hon Richard Colbeck, Minister for Youth and Sport, correspondence received 17 July 2020.
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On 2 September 2020, the Attorney-General’s Department was asked questions regarding the nature and content of its consultations with lawyers of the Australian Government Solicitor with respect to the minister’s legal authority.
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On 17 September 2020, the Hon Christian Porter MP, Attorney-General, claimed public interest immunity in relation to this information on the basis that privileged legal discussions between Ministers, their officers, and government lawyers ‘remain confidential’ and that disclosure would harm the administration of justice and interactions between lawyers and clients.
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The Hon Christian Porter MP, Attorney-General, correspondence received 17 September 2020.
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On 1 December 2020, the Senate agreed to the committee’s interim report recommendation requiring the Chair of Sport Australia to produce the legal advice that it received on the issue of the legal authority of the minister and whether Sport Australia acted within its power under the CSIG program.
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On 3 December 2020, the Acting Chair of Sport Australia, Mr Steve Moneghetti AM, wrote to the President of the Senate making a claim of public interest immunity in relation to the legal advice on the basis of legal professional privilege. Sport Australia advised that the Federal Court is considering an application from an unsuccessful grant applicant.
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Senate Committee on Administration of Sports Grants, Interim report, December 2020, p. 5; Journals of the Senate, No. 75, 1 December 2020, pp. 2652–2653; Mr Steve Moneghetti AM, Acting Chair, ASC, Letter to the President of the Senate, received 3 December 2020.
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Information regarding grant applications (including colour-coded spreadsheets)
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On 5 February 2020, the Senate agreed to Order for the Production of Documents No. 387 for spreadsheets colour-coding grant applications for the CSIG program.
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On 13 February 2020, a heavily redacted copy of a colour-coded spreadsheet was provided by Senator the Hon Richard Colbeck, Minister for Youth and Sport. A claim of public interest immunity was made in relation to the redactions on the basis of privacy of the applicants in the spreadsheet.
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Journals of the Senate, No. 37, 5 February 2020, p. 1218; Senator the Hon Richard Colbeck, Minister for Youth and Sport, Letter to the President of the Senate regarding Order for the Production of Documents No. 387, tabled 13 February 2020.
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On 5 February 2020, the Senate also agreed to Order for the Production of Documents No. 378 for a list of applications that were not funded, but which received a score of 74 or above.
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On 13 February 2020, a heavily redacted spreadsheet was provided by Senator the Hon Richard Colbeck, Minister for Youth and Sport. A claim of public interest immunity was made in relation to the redactions on the basis of privacy of the applicants in the spreadsheet.
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Journals of the Senate, No. 37, 5 February 2020, pp. 1215-1216; Senator the Hon Richard Colbeck, Minister for Youth and Sport, Letter to the President of the Senate regarding Order for the Production of Documents No. 378, tabled 13 February 2020, [p. 37].
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On 13 February 2020, at a public hearing, the Australian National Audit Office (ANAO) was asked to provide material obtained by the Auditor-General in the course of conducting the audit of the CSIG program, including a full list of applications received and a copy of a Round 3 grant decision spreadsheet. The request was made due to the government’s refusal to provide the information directly.
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Mr Grant Hehir, Auditor-General, wrote to the committee claiming public interest immunity on grounds that the release of the information could damage the operation of the Auditor-General’s legislative framework for dealing with sensitive information and undermine trust in the ANAO as custodians of documents.
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Mr Grant Hehir, Auditor-General, Committee Hansard, 13 February 2020, pp. 20 and 30; Mr Grant Hehir, Auditor-General, correspondence received 26 June 2020.
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On 27 February 2020, at a public hearing, Sport Australia was asked to provide the list of 2056 applications made to the CSIG program, or a summary of all applicants, the project details, as well as the raw data of assessment scores provided to the minister’s office.
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On 17 July 2020, Sport Australia provided a list of applications. It showed the type of organisations that applied, their suburb/town/state/electorate and the amount applied for, but redacted the names of applicants. A redacted colour-coded spreadsheet was also provided, which showed the assessment scores and assessor comments, but redacted the names of applicants.
Sport Australia claimed public interest immunity in relation to the redacted information on the grounds of privacy.
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Sport Australia, answer to question on notice, 27 February 2020 (received 17 July 2020), [pp. 10, 376 and 419].
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On 27 October 2020, in relation to Budget Estimates, Sport Australia was asked whether a particular club’s application was recommended by Sport Australia for a grant.
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On 16 December 2020, Sport Australia refused to provide the information citing an earlier public interest claim made on privacy grounds by Senator the Hon Richard Colbeck, Minister for Youth and Sport in relation to Order for Production of Documents No. 387.
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Sport Australia, answer to written questions on notice – SQ20-000560, Budget Estimates 2020-21, 27 October 2020 (received 16 December 2020).
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Interactions between the minister’s office, the Prime Minister’s office and Sport Australia
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On 5 February 2020, the Senate agreed to Order for the Production of Documents No. 389 for all communications between the current and former offices of the Minister for Sport and both the office of the Prime Minister and the office of the Deputy Prime Minister in relation to the three grant rounds under the CSIG program.
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On 13 February 2020, Senator the Hon Richard Colbeck, Minister for Youth and Sport, tabled a series of heavily redacted emails, claiming public interest immunity in relation to the redactions due to privacy concerns of individuals listed within the documents.
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Journals of the Senate, No. 37, 5 February 2020, p. 1218; Senator the Hon Richard Colbeck, Minister for Youth and Sport, Letter to the President of the Senate regarding Order for the Production of Documents No. 389, tabled 13 February 2020.
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On 5 February 2020, the Senate also agreed to Order for the Production of Documents No. 378 for all communications from Sport Australia to the former Minister for Sport or her office regarding the role of the Prime Minister’s office in relation to the CSIG program.
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On 13 February 2020, Senator the Hon Richard Colbeck, Minister for Youth and Sport wrote to the President of the Senate advising that ‘we are not in possession of documents or they do not exist in relation to the matters raised’.
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Journals of the Senate, No. 37, 5 February 2020, pp. 1215-1216; Senator the Hon Richard Colbeck, Minister for Youth and Sport, Letter to the President of the Senate regarding Order for the Production of Documents No. 378, tabled 13 February 2020, [p. 1].
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On 5 February 2020, the Senate further agreed to Order for the Production of Documents No. 379 for communications, advice or reports relating to the CSIG program between:
the Prime Minister’s Office or the Department of the Prime Minister and Cabinet (DPM&C) and the office of the former Minister for Sport; and
the Prime Minister’s Office or DPM&C and Sport Australia.
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On 13 February 2020, Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, claimed public interest immunity in relation to communications, advice or reports, on the grounds that it informed, and was the subject of, Cabinet deliberations. Some documents identified as being in the possession of the Prime Minister were provided. They comprised of redacted emails regarding CSIG program outcomes, media and events.
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Journals of the Senate, No. 37, 5 February 2020, p. 1216; Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, Letter to the President of the Senate regarding Order for the Production of Documents No. 379, tabled 13 February 2020.
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On 2 September 2020, at a public hearing, the committee asked the ANAO for copies of emails between the minister’s office and the Prime Minister’s office. The request was made due to the government’s refusal to provide the information directly.
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On 25 September 2020, the ANAO claimed public interest immunity on the grounds that ‘providing information subject to public interest immunity claims made by the Government is outweighed by the public interest harm to the operation of the ANAO’.
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ANAO, answers to questions on notice, 2 September 2020 (received 25 September 2020), pp. 6–7.
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On 11 September 2020, Sport Australia was asked to provide a full list of projects completed by the time funding agreements were signed.
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On 19 January 2021, Sport Australia provided a heavily redacted document showing only a list of dates and claiming public interest immunity for the redactions on the basis of privacy.
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Sport Australia, answers to written questions on notice, 11 September 2020 (received 19 January 2021), p. 1.
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Records relating to the Review of Ministerial Standards
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On 5 February 2020, the Senate agreed to Order for the Production of Documents No. 379 for the report or advice prepared for the Secretary of DPM&C, Mr Phillip Gaetjens, in relation to the former Minister for Sport’s management of the CSIG program (the ‘Gaetjens report’).
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On 13 February 2020, Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, claimed public interest immunity in relation to the report on the grounds that it informed, and was the subject of, Cabinet deliberations.
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Journals of the Senate, No. 37, 5 February 2020, p. 1216; Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, Letter to the President of the Senate regarding Order for the Production of Documents No. 379, tabled 13 February 2020.
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On 5 February 2020, the Senate also agreed to Order for the Production of Documents No. 385 for the full Gaetjens report provided to the Prime Minister, in relation to the application of the Statement of Ministerial Standards to the minister in the award of funding under the CSIG program.
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On 6 February 2020, Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, claimed public interest immunity in relation to the report on the grounds that it informed, and was the subject of, Cabinet deliberations.
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Journals of the Senate, No. 37, 5 February 2020, p. 1218; Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, Letter to the President of the Senate regarding Order for the Production of Documents No. 385, tabled 6 February 2020.
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On 25 February 2020, the Senate agreed to Order for the Production of Documents No. 478 for the copy of the Gaetjens report provided to the Prime Minister in relation to the application of the Statement of Ministerial Standards to the minister in the award of funding under the CSIG program.
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On 25 February 2020 Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, claimed public interest immunity in relation to the report on the grounds that it informed, and was the subject of, Cabinet deliberations.
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Journals of the Senate, No. 44, 25 February 2020, pp. 1453–1454; Senator the Hon Mathias Cormann, Minister for Finance and Leader of the Government in the Senate, Letter to the President of the Senate regarding Order for the Production of Documents No. 478, tabled 25 February 2020.
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At a hearing on 22 July 2020, the committee asked the Secretary of DPM&C to provide copies of correspondence between the Prime Minister and the minister.
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On 26 August 2020, DPM&C refused to provide the correspondence on the grounds that they informed, and were subject of, Cabinet deliberations.
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DPM&C, answers to questions on notice, 22 July 2020 (received 26 August 2020), [p. 2].
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