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    Assembly sit 04/12/2020

Parliamentary Questions

Question Without Notice No. 970 asked in the Legislative Council on 6 December 2017 by Hon Michael Mischin

Parliament: 40 Session: 1
Answered on 6 December 2017

NATIVE TITLE — YINDJIBARNDI CLAIM
      970. Hon MICHAEL MISCHIN to the minister representing the Minister for Aboriginal Affairs:
I refer to the minister's answers concerning his congratulating the Yindjibarndi native title claimants for their success against the state, and his decision that the state will not appeal the judgement.
      (1) Given that the minister is also responsible, on behalf of the state, for the portfolios of Treasury, Finance and Energy, can we expect him to congratulate other litigants who successfully sue the state of Western Australia or its agencies and instrumentalities; and, if not, why not?
      (2) If, in truth, the general conclusion of the legal advice to the state was to the effect that it was in the best interest of the state not to appeal the Federal Court judgement, why did it require three sets of questions over the course of a week for the minister to provide to Parliament the simple information that I first sought on 2 November?
      (3) Given that Fortescue Metals Group has indicated its intention to appeal the judgement, being satisfied that it reveals an error of law that, if allowed to stand uncorrected, may have wider implications, on what basis does the minister consider that FMG should abandon its appeal?
Hon STEPHEN DAWSON replied:
I thank the honourable member for some notice of the question. The following information has been provided by the Minister for Aboriginal Affairs.
      (1) The minister is expected to make comment on issues relating to his portfolio areas as appropriate and will continue to do so.
      (2) The minister provided answers to all questions asked.
      (3) FMG's decision to appeal is a matter for it alone, and is presumably based on its independent legal advice.