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Parliamentary Questions


Question Without Notice No. 601 asked in the Legislative Council on 16 August 2018 by Hon Martin Aldridge

Parliament: 40 Session: 1

ATTORNEY GENERAL — SOLICITOR GENERAL'S ADVICE

601. Hon MARTIN ALDRIDGE to the Leader of the House representing the Attorney General:

I refer to advice sought from the Solicitor General by the government in relation to the application of section 38(f) of the Constitution Acts Amendment Act 1899.

(1) Given that this matter relates directly to the Parliament and the eligibility of members of Parliament to remain qualified to continue serving as members, will the Attorney General table that advice today?

(2) If no to (1), why not?

(3) Has the advice or summary of advice been provided to members of Parliament, including ministers of the Crown; and, if so, to whom and on what date?

(4) What was the motivation in seeking the advice, if the advice was to be retained in confidence by government when it directly relates to the operations of the Parliament?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) No.

(2) The nature of any advice sought by the Attorney General is subject to legal professional privilege.

(3) Yes; to the Premier, on 18 July 2018.

(4) To seek legal advice for the government concerning the Constitution Acts Amendment Act 1899.