Tuesday, 16 November 2021

Questions without notice and ministers statements

COVID-19

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:42): My question is to the Attorney-General. I refer to the freedom-of-information request concerning the government’s February lockdown, where the opposition sought formal written briefings provided to the chief health officer and specifically also to the determination of the Office of the Victorian Information Commissioner that key briefings be released. Minister, the government has appealed the independent umpire’s decision and is seeking to block the release of these secret briefings. Why is the government not behaving as a model litigant in these matters, instead seeking to block the release of information the public is entitled to see?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:43): I thank Mr Davis for his question. Mr Davis, the government is entitled to afford itself rights that are attributable to everyone under the legal parameters that we operate in, so there is nothing unusual about reviewing a decision. But I will also put on the record that it is not my decision to make.

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:43): I thank the Attorney for her response. Whilst the decision is not hers to make as such, it is hers to make with respect to ensuring that the government behaves as a model litigant. In this case the government is using legal tricks and chicanery far beyond the normal approach, and as a model litigant the government should be open to providing information instead of blocking its release. I ask therefore: will you investigate the government’s misbehaviour in repeatedly blocking the release of health information when it should be behaving as a model litigant?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:44): I refute the premise of the question. It is not inappropriate to seek to have questions determined by the appropriate legal avenues, and I stand by my answer to your substantive question.