Subs base enigma. NSW Government doesn’t know what to hide or why

Accessing documents relating to a nuclear submarine base in NSW has become an FOI conundrum wrapped in a submarine mystery within a nuclear enigma. Rex Patrick reports.

You cannot have the documents. Wait, maybe you can? No, they are too sensitive. Okay, they’re not delicate, you can take them all. But you can’t.

If you’re having trouble following this, I’ll try to explain. But keep this in mind; All Australian taxpayers are paying for the Department of Defense’s share of this, and those NSW taxpayers are also paying for the NSW Crown Solicitor’s share.

It started with a single backflip. When I first asked the NSW Government for access to documents regarding the evaluation of a nuclear submarine base in NSW, I was told I could not have the documents because they were Secret Cabinet.

When I took the case to the NSW Civil and Administrative Tribunal (NCAT) the NSW Government backed down. They said their request for cabinet exemption was wrong and asked NCAT whether the Government could re-make the decision.

Kembla Port? more nuclear submarine base secrecy. What is fraud?

double backflip

The court said, “Yes, make your decision again.”

A month later the NSW Government issued me a new ruling. NO! “You can’t have them” again! In 12 carefully written pages of legal language, they tried to explain why the public could not see the documents.

That was September. Fast forward to late October and out of the blue the NSW Crown attorney wrote to me with this advice: “the [NSW Government] The position regarding the information in question changed in the trial … [NSW Government] It no longer holds the view that non-disclosure of information is subject to the overriding public interest.”

Woo-hoo! Transparency at last. But wait…

Defense secrecy

The email continued: “… Defense is interested in Defense Information and has objected to the release of this information. Defense has the right to appear and be heard at hearings…”

What secrets?

I have yet to learn the basis for Defense’s objection to releasing the material, but in a closely related request for information Defense objected to the release of the information because those documents identified or identified Defense infrastructure or capability (e.g. base locations, field suitability studies, strategic assessments).

But seriously, how sensitive can a base’s location be? How sensitive can buildings be? Within five minutes, anyone with internet access will be able to use Google Earth to learn about the location and layout of HMAS Stirling in Western Australia, which US and UK nuclear submarines are currently visiting.

Additionally, the buildings that will support the permanent deployment of submarines to HMAS Stirling can be viewed by visiting the website of the Federal Parliament’s Public Works Committee.

Nuclear Submarine Docks (Source: Defense)

yellow danger

What about the Chinese? Won’t they learn?

Defense may be concerned that the Chinese might buy land next to the planned base if the location is known. The problem is that the Chinese have already bought land in Port Kembla and the Newcastle port area.

The Port Kembla Plan intensifies as the defense looks the other way. What is fraud?

In fact, the Port of Newcastle is operated by a 50% Chinese-owned (98-year lease) consortium through China Merchant Port Holdings;

They probably know more about Newcastle Port and the surrounding area than Defense does.

Chinese acquisitions in both cities provide them with significant capability to monitor and evaluate basic infrastructure services and capacity developments; high voltage power supply regulations, natural gas supply details, potable water regulations, fire water supply details, rail and road access regulations and area telecommunications.

And the Chinese will not only have access to future strategic plans for port areas; Their purchases are important enough that they can help shape these plans by having a seat at the table as concerned voters and taxpayers. We know that Chinese officials have already used their property rights to hold meetings with the Mayor of Newcastle.

As for the details of what Australia would need to safely support a nuclear sub-force,

The Chinese already know this from their nuclear attack submarines that have been operating for 50 years.

However, this will not prevent the Defense from objecting to the disclosure of information that may be considered reasonable for the granting of social licence. It’s a department addicted to secrecy (how else are they going to protect their multibillion-dollar purchasing mistakes from public scrutiny).

A political trick

Greens Senator David Shoebridge gives his perspective on Federal Government secrecy:

“The Albanian government is not worried that China will find out where it wants to build another US nuclear submarine base, it is worried that the Australian people will find out.
“The Illawarra community has already made it clear that a nuclear submarine base has zero social license to operate in the Port of Kembla.
“Defence’s other potential target is Newcastle, and with growing backlash against the use of the Williamtown F35 center to weaponize Israel’s genocide in Gaza, Labor knows this option is also deeply unpopular.
“Hiding these documents is not about preventing a foreign enemy from organizing against Labour’s war plans, it is about preventing the public from opposing them.”

So, despite the NSW Government’s double backflip (which I appreciate, even though they were arrogant in the first place), it looks like I’ll have to keep fighting for transparency.

At least the backflips mean I will stand at the NCAT bar and the NSW Government will stand on my side. In the meantime, we will all continue to pay both sets of lawyers necessary to keep politically sensitive matters from the public.

China or America. Who is the warmonger?

Rex Patrick is a former South Australian Senator and formerly a submariner in the armed forces. Known as an anti-corruption and transparency warrior, Rex is also known as “Transparency Warrior“