MINERALOGY ARBITRATION — STATE SOLICITOR'S ADVICE —
BRIEFING NOTE
886. Hon PETER COLLIER to
the Leader of the House representing the Premier:
My question without notice is asked
on behalf of Hon Michael Mischin, who is on urgent parliamentary business.
I refer to my attempts on 18 and 20
August 2020 and 9 September 2020 to obtain forthright answers about the Premier's decision to inform the
Legislative Assembly that certain advice had been given to a previous
government.
(1) Will the Premier confirm that,
as far as McGowan government standards are concerned —
(a) The failure
of the State Solicitor to obtain the consent of the Leader of the Opposition
before disclosing to the Premier and the Attorney General advice provided to
previous governments is the fault of Hon Nick Goiran?
(b) The failure by the Premier to obtain the consent
of the Leader of the Opposition before volunteering to the Legislative Assembly advice provided to
previous governments is the fault of Hon
Nick Goiran?
(c) The failure
by the Premier to obtain the consent of the Leader of the Opposition before
tabling a briefing note from the State Solicitor marked privileged and
confidential, disclosing to the Premier advice provided to previous
governments, is the fault of Hon Nick Goiran?
(2) For the
benefit of future Parliaments, governments and oppositions, will the Premier
confirm that if a question is asked by a member of Parliament concerning advice
or documents provided to previous governments, it is consistent with McGowan
government standards to disclose that advice or document without seeking the
consent of the Leader of the Opposition?
(3) If that is not the case, how
does that differ from what has happened here?
Hon SUE
ELLERY replied:
I thank the
honourable member for some notice of the question.
(1)–(3) The
Premier can confirm that the existence of the advice would not have been made
apparent had Hon Nick Goiran not asked about it in a briefing. The Premier can
further confirm that the extent of the advice
would not be known if Hon Nick Goiran and other opposition members present had
not interrogated both what the advice was, and what was done with that
advice.