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Parliamentary Questions


Question Without Notice No. 759 asked in the Legislative Council on 1 November 2017 by Hon Michael Mischin

Parliament: 40 Session: 1


YINDJIBARNDI NATIVE TITLE CLAIM
      759. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:
I refer to the Attorney General's answer of 31 October 2017 to my question regarding the Yindjibarndi native title claim.
(1) When did the government decide not to appeal the decision?
(2) Was that decision made by the Attorney General or by cabinet?
      (3) From whom did the government seek and receive legal advice as to the merits of an appeal, and when did it seek and receive that advice?
      (4) Was the decision not to appeal consistent with advice that there were no reasonable prospects of success, or was the decision based on other considerations; and, if so, what were they?
Hon SUE ELLERY replied:
I thank the honourable member for some notice of the question.
(1) The decision was taken on or about 11 October 2017.
(2) A number of ministers were involved in the decision.
(3) Legal advice was sought from the State Solicitor's Office in conjunction with the Solicitor-General.
(4) This answer is subject to legal professional privilege.