Politics · Australia · 1 hr ago
Australia faces criticism over appeal to keep nuclear waste site details secret
Australia’s government is appealing a tribunal decision that information about where nuclear waste from AUKUS submarines could be stored should be made public.
Former South Australian senator Rex Patrick sought the information through freedom of information laws.
The government’s industry department says Patrick could have to pay its legal costs if he fights the appeal and loses; his own legal fees could bring the total to $300,000.
Barrister Geoffrey Watson and crossbench politicians say the costs demand could discourage people from challenging government decisions.
Several states have ruled out hosting a storage site, while New South Wales and Western Australia have not officially done so.
Defence Minister Richard Marles has said Australia has decades to choose a location, which would be on current or future Defence land.
Senator Jacqui Lambie plans to propose changes requiring the government to cover reasonable legal costs when it appeals an FOI decision.
Australia’s government is appealing a ruling that would require it to release information about where nuclear waste from AUKUS submarines would be stored.
Former senator Rex Patrick says the Department of Industry, Science and Resources is seeking to make him pay the government’s legal costs if he fights the appeal and loses.
Barrister Geoffrey Watson and crossbench politicians accuse the government of using the costs demand to deter scrutiny.
The potential storage site would be on current or future Defence land, and several states have ruled out hosting it.
Senator Jacqui Lambie plans to propose changes requiring the government to cover reasonable legal costs when it appeals an FOI decision.
- Who
- The federal government is appealing the ruling; former South Australian senator Rex Patrick is the applicant.
- What
- The appeal concerns a decision to release information about where nuclear waste from AUKUS submarines would be stored. The department is seeking legal costs from Patrick if he fights and loses.
- When
- The report was published on October 12, 2026. The appeal decision was under way at the time of the report.
- Where
- Australia; the potential site would be on current or future Defence land.
- Why
- The tribunal found the material should be released under transparency laws as a matter of public interest. The government’s reason for appealing is not stated.
The federal government
Critics of the government’s appeal
FOI ruling
The federal government
The government is appealing the decision to release the material.
Critics of the government’s appeal
Critics say the information should be released and that the appeal obstructs scrutiny.
Legal costs
The federal government
The department is seeking costs from Patrick if he fights the appeal and loses.
Critics of the government’s appeal
Critics say the costs demand could deter ordinary people from pursuing FOI cases.
It’s a bully boy tactic.
[Labor’s] transparency record is absolutely shameful
Anyone who wins an FOI could lose their house simply because the government doesn’t like a decision
It’s an attempt to stymie these cases being brought forward
The AUKUS pact was announced, and identifying potential nuclear waste storage sites became controversial.
The government abandoned plans to increase FOI request fees after failing to secure opposition support in the upper house.
Crossbenchers criticised the government’s appeal and costs demand.
Lambie said she would table reforms requiring the government to cover reasonable legal costs if it appealed an FOI decision.
- Potential site
- Current or future Defence land
- Possible legal costs
- Up to $300,000, including Patrick’s own lawyer’s fees
- States ruling out a site
- Victoria, Queensland and South Australia
- FOI reforms
- Lambie plans to table them this week
Sources
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