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Parliamentary Questions


Question Without Notice No. 256 asked in the Legislative Council on 21 March 2019 by Hon Martin Aldridge

Parliament: 40 Session: 1

POLICE — PARLIAMENTARY PRIVILEGE

256. Hon MARTIN ALDRIDGE to the minister representing the Minister for Police:

I refer to the application of parliamentary privilege with respect to investigations conducted by the Western Australia Police Force.

(1) What procedures or guidelines are applicable when WA police encounter parliamentary privilege during the course of an investigation?

(2) What procedures or guidelines are applicable when a claim of parliamentary privilege is made in the course of an investigation?

(3) Who does WA police believe to be the final arbiter of claims of parliamentary privilege in the course of an investigation?

(4) In the execution of a search warrant in which parliamentary privilege is likely to be encountered, what are the procedures and guidelines with respect to seeking approval to search, notification of search and conduct throughout the search?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question. The following information has been provided to me by the Minister for Police.

(1)–(4) Any claims with respect to parliamentary privilege would likely be dealt with on a case-by-case basis. Factors such as the seriousness of the alleged offence and the exact nature of the claim of privilege would need to be assessed. It is likely that specific advice from the State Solicitor would be sought.

If the member has concerns about a particular investigation, I suggest that he ask a more specific question.