Former Senator Rex Patrick Wins Tribunal Ruling to Open Parts of 2004 Timor-Leste Spy Hearing

Former senator and transparency advocate Rex Patrick has secured a legal victory at the administrative review tribunal (ART) regarding documents associated with a 2004 espionage operation involving Australian spies and Timor-Leste. On Friday, the ART ruled that unclassified portions of a three-day hearing scheduled for late November must be held in public, rejecting the commonwealth's request to keep those sections closed.

Background on the Dispute and Tribunal Ruling

• Rex Patrick requested cabinet documents from 2004 held by the National Archives of Australia to gain insight into the historical operation.
• The Australian government and the Australian Secret Intelligence Service (Asis) maintained a Glomar response, refusing to officially confirm or deny the existence of the documents or the bugging operation.
• Government lawyers argued that even unclassified parts of the hearing should remain behind closed doors to prevent accidental disclosures by officials.
• Deputy president Peter Britten-Jones ruled against the commonwealth on Friday, stating that senior officials testifying—including Asis deputy director general Ewan McMillan and Department of Foreign Affairs and Trade (Dfat) deputy secretary Michelle Chan—are sufficiently qualified to avoid sharing protected information during the open sessions.

Historical Context and Previous Legal Actions

The 2004 mission involved Asis operatives allegedly planting listening devices in Timor-Leste government offices during negotiations over the Greater Sunrise gasfields. In 2006, the two nations reached a revenue-sharing agreement for the gasfields, which hold resources estimated at over $50bn. The operation later became public knowledge after a former intelligence officer, known as Witness K, and lawyer Bernard Collaery attempted to challenge the maritime boundary agreement in The Hague in 2013.

Timor-Leste withdrew its espionage claims in 2017, and a new maritime border was signed in 2018. While government representatives maintain that public disclosure of the historical documents could harm national security, Patrick continues his transparency campaign as the case proceeds toward its full hearing in late November.

To verify original government announcements or tribunal outcomes, readers can consult public notices and decisions published directly by the Administrative Review Tribunal of Australia.