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Parliamentary Questions


Question Without Notice No. 730 asked in the Legislative Council on 31 October 2017 by Hon Michael Mischin

Parliament: 40 Session: 1


NATIVE TITLE — YINDJIBARNDI CLAIM
      730. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:
I refer to the Federal Court decision concerning the Yindjibarndi native title claim delivered on 20 July 2017.
      (1) Having regard to the implications of this decision for the state of Western Australia and other native title applications, will the state appeal the decision?
(2) If no to (2), why not?
(3) Has the government sought and obtained legal advice as to the merits of the appeal; and, if not, why not?
      (4) Has the decision whether to appeal been influenced by the public congratulations and pronouncements in support of the successful claimants by ministers of government, including the Treasurer, made immediately after the decision?
Hon SUE ELLERY replied:
I thank the honourable member for some notice of the question.
(1) No.
(2) This is the subject of legal professional privilege.
(3) Yes.
(4) No.