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Parliamentary Questions


Question Without Notice No. 803 asked in the Legislative Council on 19 August 2020 by Hon Peter Collier

Parliament: 40 Session: 1

MINERALOGY ARBITRATION — STATE SOLICITOR'S ADVICE — BRIEFING NOTE

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

I ask this question on behalf of Hon Michael Mischin, who is on urgent parliamentary business.

I refer to the Premier's answer of 18 August 2020 responding to Hon Michael Mischin's question about his informing the Legislative Assembly that the then responsible minister had been given advice to appeal.

(1) How did the existence of the 2014 advice ''come up in discussion'' and with whom?

(2) Was the purpose of having the details ''formalised in a briefing note'' so it could be tabled; and, if not, what was its purpose?

(3) When was it decided to table that note, marked by the State Solicitor ''Privileged and Confidential'', in response to a question to be asked by a government backbencher?

(4) Why is the State Solicitor informing the Premier, orally and in a briefing note, that advice had been given in 2014 to appeal not a disclosure of advice contrary to the convention ''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''?

(5) Was the Leader of the Opposition's consent sought before that information was provided to the Premier and the Attorney General; and, if not, why not?

(6) If the Premier does not know to whom the advice was addressed or whether the then minister saw it, why did he confidently assert to Parliament as a fact that the ''advice was not followed by the government of the day at ministerial level''?

Hon SUE ELLERY replied:

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

I do not have the answer here, and I do not recall signing off on an answer, so in the absence of anything else, I will give the member an undertaking to make sure that there is an answer tomorrow.