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Parliamentary Questions


Question Without Notice No. 1160 asked in the Legislative Council on 22 October 2020 by Hon Peter Collier

Parliament: 40 Session: 1

WORK HEALTH AND SAFETY BILL 2019 — CONSULTATION

1160. Hon PETER COLLIER to the Leader of the House representing the Attorney General:

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

I refer to the amendments to clauses 230, 231 and 232 of the Work Health and Safety Bill 2019, which first appeared in Legislative Council supplementary notice paper 155, issue 5, of 15 September 2020, and to the memorandum to members of Parliament explaining those amendments, which was tabled on 20 October as tabled paper 4503.

(1) When was the Attorney General first consulted about those clauses?

(2) When was the Director of Public Prosecutions first consulted about those clauses?

(3) When was the State Solicitor's Office first consulted about those clauses?

(4) What advice did the Attorney General, the DPP and the SSO provide concerning them, to whom and when?

(5) Given that approval to print the bill would have been granted by cabinet before November 2019, why did the Attorney General not notice and draw to the attention of his fellow minister that what was proposed by clauses 230, 231 and 232 was inconsistent with Western Australian prosecution law and practice?

(6) Having regard to the comments in tabled paper 4503 that the Office of the Director of Public Prosecutions could not carry out certain of the functions proposed by clause 321 because it is already lacking in resources, to what extent is it lacking in resources and how is that deficiency being addressed?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question. I had asked that the honourable member be made aware of the answer that I am about to give. I am not sure whether that has happened.

The Attorney General is unable to provide an answer to the question in the time provided. An undertaking is given to provide an answer on the next sitting day of the house.