A former Australian senator has won a key legal battle to open parts of an upcoming hearing to the public, challenging the government's long-standing secrecy around an alleged espionage operation against Timor-Leste. Rex Patrick is seeking historical cabinet documents from 2004, when Australian intelligence operatives allegedly bugged government offices in Dili to gain leverage during sensitive maritime boundary and energy negotiations.
The Australian government has consistently maintained a stance to neither confirm nor deny the existence of the documents or the spying operation itself, arguing that disclosing records could jeopardize national security and international relations. Commonwealth lawyers had urged the Administrative Review Tribunal to keep even the unclassified sections of the hearing behind closed doors, contending that testifying officials might inadvertently disclose confidential intelligence.
However, the tribunal ruled against the government on Friday, clearing the way for unclassified proceedings to be heard openly in late November. Tribunal Deputy President Peter Britten-Jones concluded that the senior intelligence and foreign affairs officials scheduled to appear are experienced professionals capable of safeguarding sensitive information, making the risk of accidental leaks negligible. Top-secret evidence will still be heard in private sessions.
The dispute stems from high-stakes negotiations over the Greater Sunrise gas fields, a resource estimated to be worth more than $50 billion in the Timor Sea between Australia and Timor-Leste. In 2004, operatives from the Australian Secret Intelligence Service reportedly placed listening devices in East Timorese offices to monitor their negotiating strategy, leading to a commercially favorable revenue-sharing deal for Australia in 2006. Calling the episode the country's most open secret, Patrick argued that the public deserves greater transparency over how the government conducted the talks.