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ARTICLE · 05 OCTOBER 2021

National cabinet unlocked: AAT issues Freedom of Information ruling

Holding Redlich
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AAT meeting minutes do not fall within the Cabinet documents exemption under the Freedom of Information Act 1982 (FOI Act).

AustraliaLitigation, Mediation & Arbitration

A recent decision aims to lift the lid on National Cabinet meetings, concluding that the National Cabinet is not a committee of the federal Cabinet and minutes of its meetings and similar do not fall within the Cabinet documents exemption under the Freedom of Information Act 1982 (FOI Act).

Background

In March 2020, the Prime Minister, State Premiers and Territory Chief Ministers formed the National Cabinet to co-ordinate Commonwealth, State and Territory government responses to the COVID-19 pandemic. Since its inception, the primary issue on the National Cabinet agenda has been the public health response to the pandemic. However, now that the National Cabinet has officially replaced the Council of Australian Governments (COAG), its mandate has been extended to rural and regional Australia, skills, energy, infrastructure and transport, as well as population and migration.

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