84.
notebooks and correspondence [by the Governor-General] with the Monarch", the guarantee of preservation and reconstruction of national history "must exist with respect to the operation of the Head of State, of the Legislature and of the Judiciary, much as it exists in relation to the operation of departments"[1]. The Senate Standing Committee referred to evidence from the Director-General of the Australian Archives where the following exchange occurred[2]:
"Senator HAMER – If we eliminate [the exclusion of records of a Governor-General and the Executive Council and Cabinet documents] and treat them like the other documents, would any damage be done that you can see?
Prof. Neale – Well, there would be to the relations between Australia and Great Britain. The Governor-General, representing the Queen, is in direct correspondence with Her Majesty. The letters from the Governor-General would be in the Royal Archives and copies of the Monarch's letters to the Governor-General would be in the Australian Archives."
Senator Hamer then asked what damage to the relations between Australia and Great Britain could result if the letters were treated like other documents with an exemption under cl 31 where they contain information the disclosure of which would prejudice the international relations of the Commonwealth. After the Director-General responded by referring to the different access periods in Great Britain and Australia, Senator Hamer observed that Australia could make its own rules because "[w]e are dealing here with … the Queen of Australia".
He observed[3]:
"What would happen if you brought all these under the same provision and just used the exemption under clause 31 [categories of exempt record] for
- ↑ Australia, Senate, Standing Committee on Constitutional and Legal Affairs, Freedom of Information: Report of the Senate Standing Committee on Constitutional and Legal Affairs on the Freedom of Information Bill 1978 and the Archives Bill 1978 (1979) at 339 [33.22]–[33.23].
- ↑ Australia, Senate, Standing Committee on Constitutional and Legal Affairs (Reference: Freedom of Information), Transcript of Evidence, 13 December 1978 at 714.
- ↑ Australia, Senate, Standing Committee on Constitutional and Legal Affairs (Reference: Freedom of Information), Transcript of Evidence, 13 December 1978 at 715.
