By Islam El-Sakka
Australia's Administrative Review Tribunal has ruled that unclassified portions of a hearing into the 2004 bugging of Timor-Leste government offices must be held in public, handing a victory to former senator Rex Patrick in his long-running transparency campaign.
Tribunal Rejects Government Secrecy Claims
The tribunal's deputy president, Peter Britten-Jones, ruled on Friday that government officials are sufficiently experienced to avoid accidental disclosure of classified material during open hearings. The decision overrides arguments from Commonwealth lawyers that even unclassified segments should remain behind closed doors because of the extreme sensitivity of the case.
Decades-Old Scandal Over Oil and Gas Negotiations
The bugging operation, carried out by the Australian Secret Intelligence Service (ASIS) in 2004, targeted Timor-Leste's negotiating positions during talks over the Greater Sunrise gas fields in the Timor Sea. The fields are estimated to hold resources worth more than $50 billion. Australia subsequently secured a 50-50 revenue split in a 2006 treaty, a deal later renegotiated after the scandal became public.
Whistleblowers and Legal Battles
The operation was exposed in 2013 when a former ASIS officer, known as Witness K, and former Australian Capital Territory attorney general Bernard Collaery attempted to help Timor-Leste challenge the maritime boundary agreement at The Hague. Both faced legal repercussions, including raids and passport seizures. Timor-Leste withdrew its espionage claims in 2017 as a confidence-building measure, and a new maritime border treaty was signed in 2018.
Patrick's Persistent Campaign
Patrick, now a transparency advocate, has pursued cabinet documents from 2004 through the National Archives for years. In 2021, he successfully challenged heavy redactions on a 2000 cabinet submission outlining Australia's negotiating strategy. His latest win means the government's justification for withholding details of the bugging will be publicly debated in late November, with testimony expected from ASIS deputy director general Ewan McMillan and Department of Foreign Affairs and Trade deputy secretary Michelle Chan.
