Skip to main content
Home
  • The Legislative Assembly meets on 16/04/2024 (01:00 PM)
    Assembly sit 16/04/2024
  • The Legislative Council meets on 16/04/2024 (01:00 PM)
    Council sit 16/04/2024
  • The Public Administration meets on 08/04/2024 (10:00 AM)
    Committee meet 08/04/2024

Parliamentary Questions


Question Without Notice No. 782 asked in the Legislative Council on 7 September 2020 by Hon Peter Collier

Parliament: 40 Session: 1

MINERALOGY PTY LTD ARBITRATION — STATE SOLICITOR ADVICE — BRIEFING NOTE

782. Hon PETER COLLIER to the Leader of the House representing the Premier:

This question without notice of which some notice was given is asked on behalf of Hon Michael Mischin, who is away on urgent parliamentary business.

I refer to the Premier's tabling, in the course of his response to a question from one of his own backbenchers on 13 August 2020, a briefing note of that date addressed to him and the Attorney General from the State Solicitor, tabled paper 3566, advising that then Deputy State Solicitor had given advice to appeal the 2014 arbitration award in Mineralogy Pty Ltd and another versus the state of Western Australia.

(1) Who requested that briefing note, and when and why; and will the Premier table that request, and, if not, why not?

(2) Why is the State Solicitor not able to provide to the Premier or the Attorney General a copy of the May 2014 advice because ''it was provided under a former government'' but is able to disclose that the advice was to appeal?

(3) For the information of Parliament and future governments, can the Premier set out precisely the protocols the State Solicitor claims to be adhering to; and, if not, why not?

(4) To whom was the 2014 advice addressed?

(5) Is there evidence that the then responsible minister saw the advice; and if so, what?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) The existence of the 2014 advice came up in discussion and it was agreed the details should be formalised in a briefing note as the request was not in writing and cannot be tabled.

(2) As the shadow Attorney is aware, a convention is in place by which advice and documents provided to previous governments is not disclosed to incoming or future governments without the consent of the Leader of the Opposition. That convention, which is reflected in the Cabinet Handbook, is applied conservatively. Out of an abundance of caution and given I was unaware whether the advice was provided for the purposes of being considered by a cabinet, I did not consider it appropriate that I be provided with a copy of the advice.

(3) See answer to (2).

(4) I have not seen or been provided with a copy of the advice and I am unable to confirm to whom it was addressed.

(5) I am not aware of any evidence that former minister Hon Colin Barnett saw the advice. However, not only am I advised that in the usual course, it is a matter that would be considered at ministerial or possibly even cabinet level. I am aware from my personal experience, as no doubt the shadow Attorney General is from his, that it is the very sort of matter that would be discussed at ministerial level, possibly even with the Attorney General of the day.