The core components of this claim are **substantially accurate** and well-documented through government records, court decisions, and parliamentary proceedings.
The Department of Prime Minister and Cabinet resisted these requests, arguing that National Cabinet meetings were covered by Cabinet-in-Confidence exemptions under the Freedom of Information Act 1982 (Cth) [2].
**VERIFIED - ACCURATE**
On August 5, 2021, Justice Richard White of the Administrative Appeals Tribunal (AAT) made a landmark ruling in **Patrick and Secretary, Department of Prime Minister and Cabinet (Freedom of Information) [2021] AATA 2719** [4].
Justice White's decision was unambiguous:
- National Cabinet is **NOT** a "committee of the Cabinet" as defined in the Freedom of Information Act
- National Cabinet meetings are **NOT** exempt from Freedom of Information disclosure on the grounds of Cabinet confidentiality
- The government's claim to protect National Cabinet documents under Cabinet privilege was **invalid** [4]
Justice White reasoned that National Cabinet comprises heads of different governments, many from opposition parties.
As Justice White stated: "The mere use of the name 'National Cabinet' does not, of itself, have the effect of making a group of persons using the name a 'committee of the Cabinet'" [4].
**VERIFIED - ACCURATE**
In direct response to Justice White's ruling, the Morrison government introduced the **COAG Legislation Amendment Bill 2021** in September 2021—approximately one month after the court decision [5].
This legislation explicitly:
- Amended the Freedom of Information Act 1982 (Cth) to expand the definition of "Cabinet" to include the National Cabinet [6]
- Granted National Cabinet documents the same FOI exemptions as federal Cabinet documents [5]
- **Removed the public interest test requirement**, meaning even documents whose public interest in disclosure outweighed the need for confidentiality could be withheld [7]
The bill passed and became the **COAG Legislation Amendment Act 2021** [5].
This legislative action directly overturned the effect of Justice White's court decision, though it could not undo the ruling itself [8].
**Timeline verification:**
- Court ruling: August 5, 2021
- Bill introduction: September 2021
- Law passed: 2021 [1]
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The claim attributes to the government an explicit argument that "even though the cabinet has done nothing wrong, they should be able to keep discussion details secret." While this captures the practical effect of their position, government statements focused on the need for executive privilege rather than an explicit admission of wrongdoing [9].
However, since taking office in June 2022, the Albanese government has:
- Maintained the COAG Legislation Amendment Act 2021 without repeal
- Rejected calls to increase National Cabinet transparency
- Expanded government secrecy more broadly (only 25% of FOI requests fully granted vs. ~50% in 2021-22) [15]
This represents broken campaign promises and suggests the National Cabinet secrecy issue is **not unique to the Coalition**—both major parties maintain it [13].
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**Rating:** Conditional Credibility (HIGH factual accuracy, LEFT-CENTER bias)
MSN News functions primarily as a news aggregator rather than original reporter [16].
The MSN article cited is credible insofar as it reports on actual court decisions and legislative proceedings that are documented in government records and parliamentary debates [1].
**Rating:** Mostly Factual with LEFT-CENTER bias
The New Daily is rated "Mostly Factual" by Media Bias/Fact Check (not the highest credibility tier) [17].
Key limitations:
- Lacks hyperlinked sourcing, making independent verification more difficult [17]
- Left-center political bias based on editorial perspective
- Owned by Industry Super Holdings (collectively controlled by ~24 industry super funds)
- Advised by Greg Combet, former Labor Cabinet minister [17]
While The New Daily is reasonably fact-based for factual reporting (like the National Cabinet story), its ownership structure and advisory board should be noted when assessing potential bias in policy commentary [17].
**Assessment:** Both original sources are reasonably reliable for reporting factual events (court decisions, legislation introduction) but reflect left-center political perspectives.
Despite campaign promises to "unwind the secrecy scheme," the Albanese government has:
1. **Maintained National Cabinet secrecy** - Did not repeal the COAG Legislation Amendment Act 2021 [12]
2. **Rejected transparency advocates' calls** - Rebuffed renewed FOI requests and transparency campaigns [13]
3. **Expanded government secrecy** - Under Labor, Government secrecy has increased rather than decreased:
- **FOI approval rates dropped** from ~50% (2021-22) to only 25% of requests fully granted [15]
- **Senate order compliance declined** to lowest levels since 2016 [15]
- **Public interest immunity claims tripled** - from averaging 1 claim per 3 weeks (Morrison) to 1 per week (Albanese), with 84% document refusals in 2022 [15]
Former Senator Rex Patrick summarized the situation: "Albanese has taken the blue secrecy blanket off national cabinet and replaced it with a red secrecy blanket" [13].
**This is NOT unique to the Coalition.** While the Coalition introduced the National Cabinet secrecy legislation, Labor has perpetuated and expanded government secrecy practices [12, 13, 15].
The Coalition government's argument for National Cabinet confidentiality, while criticized as excessive, reflects a standard executive position: confidentiality is necessary for effective decision-making [10].
The Coalition's position was that National Cabinet, despite its unusual composition, functioned as the primary decision-making forum during the pandemic and warranted the same protections as Cabinet [23].
Justice White's court decision identified a genuine legal and constitutional problem: National Cabinet comprises heads of different governments, many from opposition parties, so it cannot meet the legal definition of a "committee of Cabinet" [4].
The Albanese government's failure to repeal National Cabinet secrecy, despite campaign promises, demonstrates that this issue reflects broader bipartisan practices regarding executive confidentiality rather than a solely Coalition position [15].
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Both major Australian parties maintain similar secrecy practices, and Labor expanded secrecy measures after criticizing them in opposition [15, 21].
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(with important context missing about Labor's similar positions)
The claim accurately describes the Coalition government's actions: they refused to publish National Cabinet minutes, a court ruled against them, and they introduced legislation to reverse the court's effect by expanding Cabinet exemptions.
However, the claim omits crucial context: Labor promised to reverse this secrecy but maintained it after taking office, and both parties practice similar confidentiality approaches.
The original sources (MSN, The New Daily) are reasonably reliable for reporting factual events, though they reflect left-center perspectives [16, 17].
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(with important context missing about Labor's similar positions)
The claim accurately describes the Coalition government's actions: they refused to publish National Cabinet minutes, a court ruled against them, and they introduced legislation to reverse the court's effect by expanding Cabinet exemptions.
However, the claim omits crucial context: Labor promised to reverse this secrecy but maintained it after taking office, and both parties practice similar confidentiality approaches.
The original sources (MSN, The New Daily) are reasonably reliable for reporting factual events, though they reflect left-center perspectives [16, 17].
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