Australian senator plans legal-cost protection for information applicants

Senator Jacqui Lambie plans to introduce legislation this week requiring the government to cover applicants' reasonable legal costs when it appeals an information-release decision, The Sydney Morning Herald reported.

The proposal comes amid former senator Rex Patrick's dispute with the Department of Industry, Science and Resources. The government is challenging an administrative tribunal's decision to release documents concerning possible storage locations for nuclear waste from AUKUS submarines.

Patrick said the department sought its legal costs if he lost the case. The newspaper reported that his exposure, including his own lawyer's fees, could reach 300,000 Australian dollars. This is a potential expense, rather than a costs order already imposed by a court.

Barrister Geoffrey Watson told a Canberra press conference that the approach could discourage ordinary citizens from pursuing access to government records. Lambie also criticised the government's transparency.

A spokesperson for Attorney-General Michelle Rowland said the proposal would be considered through the usual process. The legislation has not been passed, and the dispute does not establish a final choice of waste storage site.