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Parliamentary Questions


Question Without Notice No. 202 asked in the Legislative Council on 19 March 2019 by Hon Tjorn Sibma

Parliament: 40 Session: 1

HUMAN REPRODUCTIVE TECHNOLOGY AND SURROGACYLEGISLATION AMENDMENT BILL 2018

202. Hon TJORN SIBMA to the parliamentary secretary representing the Minister for Health:

I refer to the minister's second reading speech on the Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018.

(1) Has the State Solicitor's Office or the Solicitor-General briefed the state government in a manner consistent with the minister's claims that the status quo poses an ''unacceptable risk of litigation and the prospect of provisions of the relevant state legislation—the HRT act—being held by a court to be invalid''?

(2) If such advice has been provided, will the minister table it; and, if not, why not?

Hon ALANNA CLOHESY replied:

I thank the honourable member for some notice of the question. I am advised of the following.

(1)–(2) The state government has taken advice from both the State Solicitor's Office and the Solicitor-General. That advice is subject to legal professional privilege and will therefore not be tabled.