Negotiations regarding NSW nuclear submarine bases must be made public

Today in Parliament, Abigail passed an order for papers for documents relating to the NSW–Commonwealth planning for potential AUKUS nuclear submarine bases at Port Kembla and the Port of Newcastle.

Abigail said:

I move:

That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 21 May 2022, in electronic format if possible, in the possession, custody or control of the Premier, the Premier's Department, The Cabinet Office, Infrastructure NSW, the Treasurer, the Treasury, the Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building and Minister for Corrections, the Minister for Police and Counter-terrorism and Minister for the Hunter, the Minister for Health, Minister for Regional Health and Minister for the Illawarra and the South Coast, the Department of Primary Industries and Regional Development, the Minister for Planning and Public Spaces or the Department of Planning, Housing and Infrastructure in relation to proposed nuclear submarine bases at Port Kembla or Newcastle, or the use of ports in Port Kembla or Newcastle wholly or partly for military or defence industry purposes:

(a) all draft or final business cases prepared by or for any Minister, department or agency of the government;

(b) all memoranda of understanding or other agreements with the Federal Government or any third party;

(c) all briefings of information prepared for the purpose of assisting New South Wales or Commonwealth government departments or Ministers;

(d) all correspondence between agencies of the New South Wales government and agencies of the Commonwealth government; and

(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

This order for papers is of critical importance. It is of immense interest to local communities and to people across the country. The New South Wales Government has obviously been in communication with the Commonwealth Government regarding the proposed nuclear submarine bases that will be built because of the AUKUS submarine deal. This is a radioactive issue. The public deserves to know what the New South Wales Government is planning. A business case to establish a nuclear submarine base at Port Kembla or the Port of Newcastle is being prepared and discussions between the New South Wales Government and the Federal Government are well advanced.

A freedom of information request to the Department of Defence last year revealed that it was engaging with the New South Wales Government to determine the feasibility of a nuclear submarine base at Port Kembla or Newcastle. Whether or not members are in favour of the AUKUS deal, it is evident that it is big business and that the implications for the location of the base are immense for local economies, both for any potential jobs it may create as well as the opportunity cost and jobs it will displace, not to mention the increased security implications for local communities and residents.

In the opinion of The Greens, the AUKUS nuclear submarine agreement is reckless, dangerous and economically preposterous. But whichever side of the debate members find themselves on, the deliberations that go into whether and where to locate the submarine bases are important. There will be arguments for and against. These are deliberations the public must have the opportunity to participate in, and it cannot do that while the documents and government thinking remain secret. Public debate must be allowed to occur and, for it to be a worthwhile and meaningful debate, it must be informed by the facts. My colleague David Shoebridge has been a relentless and insightful voice when it comes to the AUKUS plan. He made these very prescient observations about the plans for the submarine bases:

The two shortlisted sites for wildly unpopular nuclear submarine bases, Port Kembla and Newcastle, are both Labor heartlands.

Port Kembla and the Illawarra would go into open revolt if the Labor government was honest about their plans, and this explains a lot about the secrecy.

This secrecy risks deep generational betrayal of Labor voters in these regions and all to keep on the right side of Donald Trump's America.

A preliminary response to a request for documents such as these identified a raft of internal emails and advice. They relate to site and planning considerations provided by the Department of Planning, Housing and Infrastructure to the Commonwealth Government's Department of Defence in its consideration of the port at Port Kembla—among other sites—as a potential site for a nuclear-powered submarine base. According to the NSW Cabinet Practice Manual, Cabinet privilege is waived when documents are shared with officials from another polity, as these documents between the New South Wales Government and the Commonwealth Government have been.

Unless Cabinet has already made a decision on this and has not informed the public, then there cannot possibly be any claim over Cabinet confidentiality that would interfere with the lawful production of all the documents that I am seeking. In fact, the NSW Crown Solicitor has already said as much, in advice to former Senator Rex Patrick, that said, "The respondent ... no longer considers that the information identified as Cabinet information is Cabinet information." Whether members think a nuclear submarine base at Port Kembla or Newcastle is a good or bad idea, the New South Wales public has a right to participate in such a decision. But the way this is lining up is that the New South Wales Government will look at the business case, make a decision, and then present the people of New South Wales with a fait accompli. I commend the motion to the House.

Motion agreed to.

Read the full transcript in Hansard here.

19 November 2025

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