A court-ordered release of the Pezzullo report is a win for transparency – but it exposes a deeper culture of secrecy and institutional failure.

Good government won despite the Albanese government losing a court case recently. Given the money and the effort that it put into losing its case, and given Albanese’s own appalling record on Freedom of Information (FOI), it would be grotesque if bureaucrats and politicians claimed virtue or victory from the outcome. But the ordinary member of the public, and, probably, the ordinary public servant might think that the cause of government in the sunshine scored a significant victory.

In one sense, the government can hardly be too unhappy with the decision. The publication of the Pezzullo report operates to discredit the opposition, not the government. If there was any principle involved in trying to keep the report secret (and I doubt that was the case) the government can say that it fought the good fight, putting all the arguments made by a decision-maker disposed to refuse access come what may. And lost. Can’t say they did not try.

Of course there was a tremendous waste of public money involved, and the public service Commissioner, Gordon de Brouwer – improperly as it turned out – deferred or delayed putting the report into the hands of a public lawfully entitled to it, as we now know. And litigation is to continue on some still-redacted parts of the report (which I expect, the commissioner will lose – or deserves to lose, but maybe after securing even more delay). And the commission is still using reasoning of the same rejected type to deny access to information about some of the public servants lightly tapped on the finger over Robodebt. Whose names, and alleged sins, are not available, because the commissioner believes their right to privacy is more important than the public’s right to know. And presumably, we should simply accept the commissioner’s feeling, now reinforced by a secret report from a secret inquiry, that all is well within his system of management.

Of course, the commission’s resistance has probably been bolstered by ministers in the government, including Canberra’s own little champion of open and transparent government, Katy Gallagher. She wouldn’t be providing the lead, with Anthony Albanese the implacable standard bearer of the cause to chuck out the FOI Act altogether. He, and his tame and weak Attorney-General, Michelle Rowland, have formally abandoned legislation reducing the FOI Act to mulch, but their agenda hasn’t shifted. I am beginning to wonder if Katy deserves to be the subject of a campaign at the next senate election for her studied disinterest in good, decent and honest government. It will only be by giving Albanese a bit of a fright about his senate numbers that he will be weaned away from compulsive secrecy, non-consultation, patronage, privileged access, jobs and favours for cronies and donors. On the good and honest government front, this lot is no better than the Morrison government.

Rex Patrick dives into the FOI action

The person putting the government to account, not for the first time, is former senator and former submariner Rex Patrick. He is a loss to the senate, where he was an active participant in a host of important debates, but also in keeping the government on its toes, through the estimates process and FOI. Though he has fields of interest including submarines and defence........

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