PM&C’s failure to provide the NAA with a complete set of 2003 Cabinet records was a result of administrative error, in part due to the circumstances particular to 2020 and in part due to systemic issues. Any suggestion of political influence or interference is without foundation.
As at 30 December 2023, PM&C was aware of 78 Cabinet records from 2003 that had not been transferred to the NAA. 77 of these records were provided to the NAA on 31 December 2023.
During the course of the Review, one of the 78 records and a further four Cabinet records from 2003 were located which had not been transferred. These five Cabinet records were provided to the NAA on 5 January 2024.
I am satisfied that all 2003 Cabinet records have now been transferred from PM&C to the NAA.
Iraq war
National Security Committee of Cabinet (NSC) records at the Protected level and relating to the Iraq war were transferred to the NAA in 2020, but NSC records at the Secret and above level were not transferred.
Of the 77 Cabinet records transferred on 31 December 2023 to the NAA, 13 records (containing 38 NSC minutes) related to the Iraq war, either in part or in full. The remaining 64 records were unrelated to the Iraq War. Of the five additional records transferred on 5 January 2023, one related, in part, to the Iraq war.
PM&C and NAA processes and practices
During the course of the Review, we identified a number of systemic issues which contributed to the breakdown in process:
incomplete standard operating procedures regarding transfer processes;
an absence of records management expertise within Cabinet Division;
no consistent knowledge of Archives Act transfer obligations within the Cabinet Division; and
no effective central control of Cabinet records.
Complexities also arose from key personnel not having appropriate security clearances. For instance, the officer called in during the end of the 2023 shutdown period—to gather the Cabinet records for transfer to the NAA—and the head of the Cabinet Division do not have a Top Secret Positive Vetting clearance (TSPV), making proper oversight of the transfer process more complex and difficult than it should be.
This limitation is not restricted to PM&C. For instance, the Director-General of the NAA does not hold a TSPV. In our view, this would make it difficult for the Director-General to properly and credibly discharge his legislative responsibilities in certain circumstances, especially in relation to section 29 matters.8
During the course of the Review, PM&C officials advised that Cabinet records created in 2004, 2005, 2006 and 2007 had also not yet been transferred to the NAA. These records are planned to be transferred by April 2024.
Finally, we observed that current NAA practices for proactive release of Cabinet records do not always include records of the NSC, which has been a decision making body since its creation in 1996. While this is a matter for the NAA, we believe it would be logical and beneficial to include NSC records as part of the annual release scheme.
Footnotes
See: Archives Act 1983 (Cth) s 29 which allows a responsible Minister, or a Commonwealth institution with the agreement of the Director General of the NAA, to determine that a Commonwealth record, or class of Commonwealth records, is not required to be transferred to the NAA, or can only be accessed by the NAA on specified conditions.Return to footnote 8 ↩