Bill introduced to reduce over a third of Commonwealth secrecy provisions

Legislation aims to repeal or remove criminal responsibility for over 300 provisions

Bill introduced to reduce over a third of Commonwealth secrecy provisions
Australian Parliament House, Canberra

Michelle Rowland, Australia’s attorney-general, has highlighted the introduction of the Secrecy Provisions Amendment (Repealing Offences) Bill 2026, which intends to repeal or remove criminal liability for more than 300 secrecy provisions. 

In a media release, the federal attorney-general explained that these reforms will represent a reduction of over a third of the number of Commonwealth secrecy provisions.

The amendments will create a secrecy offence that will hold accountable those with confidentiality obligations, including Commonwealth officers, for the harm resulting from breaches of those obligations. 

According to the bill’s explanatory memorandum, this addition aims to tackle the issues arising from the alleged disclosure of Treasury information by a former partner at consulting firm PwC in violation of confidentiality obligations.

The federal attorney-general added that the legislation will require ministerial consent to prosecute journalists for secrecy offences to offer more protection for the press. 

“The Albanese Government believes a strong and independent media is vital to democracy and holding governments to account, which is why this legislation also delivers crucial new protections for public interest journalism,” Rowland said in the media release. 

Bill’s goals

According to Australia’s attorney-general, the amendments aim to modernise the nation’s secrecy laws, ensure that secrecy offences are necessary and fit for their purpose, and put in place proper safeguards for press freedom. 

In the media release, the federal attorney-general emphasised the importance of: 

  • secrecy laws for the protection of the country’s national security and Australians’ personal information 
  • transparency and press freedom, which are crucial for an effective democracy to function 
  • a strong and independent media to hold governments accountable 

“Importantly, these reforms deliver meaningful improvements to Australia’s secrecy laws, and build on the Government’s longstanding commitment to transparency and integrity,” Rowland said. 

Context of changes

In the media release, Australia’s attorney-general shared that the introduction of the legislation follows years of complex work by the federal government, which seeks to build on its integrity agenda. 

The federal attorney-general added that the bill aims to address recommendations from: 

  • the review of secrecy provisions performed by the Attorney-General’s Department 
  • the Australian government’s response to the Independent National Security Legislation Monitor’s Secrecy Offences: Review of Part 5.6 of the Criminal Code Act 1995 

“The Government’s secrecy reforms deliver significant improvements to the Criminal Code that ensure our laws protect what must remain confidential,” Rowland said in the media release.