Question Without Notice No. 832 asked in the Legislative Council on 9 November 2017 by Hon Michael Mischin
Parliament: 40 Session: 1
NATIVE TITLE — YINDJIBARNDI CLAIM 832. Hon MICHAEL MISCHIN to the minister representing the Minister for Aboriginal Affairs:
I refer to the minister's answers concerning his decision that the state will not appeal the Yindjibarndi native title claim judgement.
(1) Does the minister concede that his immediate and unequivocal support for successful litigants against the state can give rise to a perceived conflict of interest or appearance of partiality when he later, for reasons he refuses to disclose, makes a decision, that he declines immediately to announce, to forego a state appeal against that judgement?
(2) Will he disclose at least the general conclusion of the legal advice he received on the prospects of success of an appeal, as the Attorney General on 28 August was prepared to do with the Solicitor-General's advice as to a constitutional challenge to GST arrangements; and, if not, why not?
Hon STEPHEN DAWSON replied:
I thank the honourable member for some notice of the question.
(1) No. The comments made by the Minister for Aboriginal Affairs in a media statement of 20 July simply congratulated the Yindjibarndi people on their success in the Federal Court.
(2) The reasons not to appeal provided in that advice are subject to legal professional privilege. However, I can advise the member that the general conclusion of the advice was that it was in the best interest of the state not to appeal the decision.