Labor urged to release legal advice on 'unconstitutional' community grant programs
The Albanese government says the constitutionality of every new spending proposal is assessed under budget rules.
Integrity advocates and the Greens are urging the Albanese government to publicly release legal advice suggesting federal grants for community projects such as sporting facilities are unconstitutional.
Capital Brief last week revealed that legal advice provided to the government suggests that the former Coalition government’s $100 million 'sports rorts' program was unconstitutional. This has put the legality of current programs — such as the Investing in Our Communities and Priority Community Infrastructure — into question, as well as any additional grants Labor wants to give out heading into the election.
A government spokesperson said in a statement on Sunday: "Under the Budget Process and Operational Rules, every spending proposal put before government (including grant programs) is required to include an assessment of constitutionality, conducted by the Australian Government Solicitor."
Geoffrey Watson SC, director of the Center for Public Integrity and a former counsel assisting the NSW ICAC, said there was a “very good reason” to release any legal advice raising concern about the constitutionality of grant programs. He said the electorate was “entitled to know how we have been governed, including how we were governed," referring to the former government's sports program.
