Transparency is the cornerstone of democratic governance, yet Australia’s federal executive continues to undermine it through increasing non-compliance with Senate orders for documents. The mechanism for accessing government information to promote transparency and accountability has failed, and substantial reform is required.

Data reveals a pronounced fall in compliance from 92% in the 1993–96 Parliament to 33% currently. This decline coincides with a troubling rise in unilateral claims of Public Interest Immunity (PII), where the executive withholds information without independent oversight, potentially obscuring misconduct or politically sensitive issues.

Of note, under the Albanese Government, PII claims occur weekly – three times the frequency of the Morrison Government. This paper argues that such unilateral PII claims are incompatible with responsible governance, significantly hampering Parliament’s ability to perform critical oversight.

The paper recommends the establishment of an Independent Legal Arbiter which would provide: 

• a disincentive for the executive government to make spurious privilege claims and otherwise unjustifiably resist access
• an independent review mechanism for Parliament’s requests for documents
• accountability in respect of executive claims of privilege.