Former prime minister Scott Morrison will seek to rely on protected cabinet documents during his evidence to the Robodebt Royal Commission, despite public interest immunity preventing such documents to be used.
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Mr Morrison's lawyer Dr James Renwick appeared before the Royal Commission into the unlawful Centrelink debt recovery scheme on Tuesday before Mr Morrison is due to appear next week.
He attempted to appeal against Commissioner Catherine Holmes' interim ruling for public interest immunity for cabinet documents, meaning they are not allowed to be used during Mr Morrison's evidence to the commission.
Dr Renwick argued all parts of Mr Morrison's statement and supporting documents should be made public, despite them including references to cabinet meetings, cabinet minutes and economic review council meetings.
Mr Morrison's lawyer said there would be "considerable difficulties" for the former prime minister if the commission upheld the public interest immunity ruling in regards to cabinet documents.
"We don't think Mr Morrison can then give true, complete and correct evidence consistently with his statement," Dr Renwick said.
Commissioner Catherine Holmes was unconvinced, saying "you can give true answers without going into the detail in the statement surely".
Dr Renwick said "significant portions" of Mr Morrison's statement to the commission have been redacted, including his answer to "what legal advice did you receive about the Robodebt scheme?".
Dr Renwick said the documents should be made public because they are "important for Mr Morrison's defence of criticisms which have been made against him".
He accused the commission of not wanting "the best and most direct evidence of what may be a contested fact", however later withdrew the comment, and told the commissioner she would "have failed to inquire in a manner where a document is readily available to you".
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Commissioner Catherine Holmes said Mr Morrison could "refer in general terms to the government decisions" and documents in his statement when giving his evidence to the commission next Wednesday.
"I just don't understand why those documents or why his level of detail in relation to the existence of those documents gets anybody any further," she said.
Mr Morrison's lawyer answered "because, commissioner, his reputation is on the line and he is entitled to answer the notice in a complete fashion, which seems to him to be complete and truthful".
The commissioner did not rule if she would allow Mr Morrison to use the documents, asking his lawyer to return on Friday for a private hearing into the matter.
The Royal Commission continues, hearing from top Services Australia officials, and former Department of Human Services secretary Kathryn Campbell is set to appear on Wednesday.
Soofia Tariq
Soofia joined the Canberra Times in 2022 as the cadet. She is now a general news reporter, covering everything from local stories to ACT and federal politics. She previously interned and was an audio producer at The Guardian Australia. She has also worked at 2SER Radio and City Hub Sydney. Her email is soofia.tariq@canberratimes.com.au
Soofia joined the Canberra Times in 2022 as the cadet. She is now a general news reporter, covering everything from local stories to ACT and federal politics. She previously interned and was an audio producer at The Guardian Australia. She has also worked at 2SER Radio and City Hub Sydney. Her email is soofia.tariq@canberratimes.com.au
