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Parliamentary Questions


Question Without Notice No. 886 asked in the Legislative Council on 10 September 2020 by Hon Peter Collier

Parliament: 40 Session: 1

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.