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Parliamentary Questions


Question Without Notice No. 763 asked in the Legislative Council on 2 November 2017 by Hon Michael Mischin

Parliament: 40 Session: 1


NATIVE TITLE — YINDJIBARNDI CLAIM
      763. Hon MICHAEL MISCHIN to the minister representing the Minister for Aboriginal Affairs:
My question was originally directed to the Attorney General, but I understand it has been redirected to the Minister for Aboriginal Affairs. I refer to the Attorney General's response of 1 November to my question about the Yindjibarndi native title claim. Given that this question was originally directed to the Attorney General, I am not sure how the answer is going to be framed in a useful fashion.
(1) On what date or dates did he receive legal advice regarding the prospects of an appeal?
      (2) Was the decision not to appeal taken on or about 11 October 2017 recorded; and, if so, precisely when, by whom and how?
(3) Were reasons for the decision recorded; and, if so, precisely when, by whom and how?
      (4) Given that the decision was not one of cabinet and the ministers' reasons cannot be subject to legal professional privilege, will the Attorney General provide the reasons for the decision; and, if not, why not?
(5) Which ministers were involved in the decision and which argued against an appeal?
      (6) Given that the Attorney General was prepared on 28 August to tell the media about the Solicitor-General's general conclusion in relation to the prospects of success regarding a constitutional challenge to GST arrangements, why will he not reveal the general conclusion of the Solicitor-General and the State Solicitor's Office in relation to the prospects of success, without the content of the reasoning, regarding an appeal against the Yindjibarndi decision?
Hon STEPHEN DAWSON replied:
I thank the honourable member for some notice of the question. I think that part (6) that the member read out was shorter than the answer I have to that part of the question, but I presume that the answer is correct.
(1) It was on or about 29 September 2017.
      (2)–(3) The decision was recorded by the minister responsible for native title, the Minister for Aboriginal Affairs, on 2 November 2017.
      (4) No. Answering this question would require the disclosure of a matter that is subject to legal professional privilege and, accordingly, I am unable to provide the requested information.
      (5) The decision was made by the minister responsible for native title, the Minister for Aboriginal Affairs.
      (6) Answering this question would require the disclosure of a matter that is subject to legal professional privilege and, accordingly, I am unable to provide the requested information.