4 years ago
PORTER NEEDS TO EXPLAIN SECRECY GAG
MARK DREYFUS QC MP
The Attorney-General needs to properly explain why he has invoked a national security gag order over the defamation case brought by former special forces soldier Ben Roberts-Smith VC.
Christian Porter’s decision to issue a certificate ordering the National Security Information Act 2004 be applied to the case is likely to delay the hearing for months.
It is believed to be the first time such a gag order has been used outside of a criminal case.
Labor is a strong supporter of the principle of open justice, which dictates that judicial processes should be conducted in public unless there are compelling reasons to close the court.
There may be good reasons for the Government to protect sensitive national security information and Australia’s national interest by invoking the National Security Information Act in this case.
If this is the case, Mr Porter should say so, and provide as much information as possible.
There are also serious questions about the timing of this order, which needs to be explained by the Attorney-General.
Open justice is full justice, and should not be denied without full explanation.
Christian Porter’s decision to issue a certificate ordering the National Security Information Act 2004 be applied to the case is likely to delay the hearing for months.
It is believed to be the first time such a gag order has been used outside of a criminal case.
Labor is a strong supporter of the principle of open justice, which dictates that judicial processes should be conducted in public unless there are compelling reasons to close the court.
There may be good reasons for the Government to protect sensitive national security information and Australia’s national interest by invoking the National Security Information Act in this case.
If this is the case, Mr Porter should say so, and provide as much information as possible.
There are also serious questions about the timing of this order, which needs to be explained by the Attorney-General.
Open justice is full justice, and should not be denied without full explanation.