Question on Notice regarding the financial implications of lifting the smoking ban in mental health facilities. The Treasurer confirms no communication with the Minister for Mental Health on the matter and no legal advice sought.

AnsweredQoN 771Legislative Assembly
Asked
8 November 2011
Portfolio
Treasurer

QuestionView source ↗

SECURE MENTAL HEALTH FACILITIES — SMOKING BANS
The Minister for Mental Health has announced that she proposes to ask cabinet for approval to lift the ban on smoking in some Western Australian hospitals. Her proposal would mean that involuntary mental health patients will be able to smoke in designated outdoor areas. (1) Has there been communication between the Minister for Mental Health and Treasury regarding the amount of money that the government plans to set aside as a contingency fund to allow for future insurance premium increases and future payouts based on claims brought against hospitals or government for smoking or smoking-related illnesses? (2) Has he received, or will Treasury be seeking, legal advice on potential future claims from public hospital mental health patients, their families or guardians for smoking or smoking-related illnesses based on common law negligence, occupational health and safety law, occupiers’ liability law, contract law or antidiscrimination law? Mr C.C. PORTER

AnswerView source ↗

I thank the member for Alfred Cove for the question. Did the member know that with that question she shares something in common with the member for Midland? If we count back to 17 August of this year, the member and the shadow Treasurer have both asked me the same number of questions—one! We have a $188 billion economy and the member for Alfred Cove has asked me the same number of questions as the shadow Treasurer. Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
(1) Has there been communication between the Minister for Mental Health and Treasury regarding the amount of money that the government plans to set aside as a contingency fund to allow for future insurance premium increases and future payouts based on claims brought against hospitals or government for smoking or smoking-related illnesses? (2) Has he received, or will Treasury be seeking, legal advice on potential future claims from public hospital mental health patients, their families or guardians for smoking or smoking-related illnesses based on common law negligence, occupational health and safety law, occupiers’ liability law, contract law or antidiscrimination law? Mr C.C. PORTER replied: I thank the member for Alfred Cove for the question. Did the member know that with that question she shares something in common with the member for Midland? If we count back to 17 August of this year, the member and the shadow Treasurer have both asked me the same number of questions—one! We have a $188 billion economy and the member for Alfred Cove has asked me the same number of questions as the shadow Treasurer. Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
(2) Has he received, or will Treasury be seeking, legal advice on potential future claims from public hospital mental health patients, their families or guardians for smoking or smoking-related illnesses based on common law negligence, occupational health and safety law, occupiers’ liability law, contract law or antidiscrimination law? Mr C.C. PORTER replied: I thank the member for Alfred Cove for the question. Did the member know that with that question she shares something in common with the member for Midland? If we count back to 17 August of this year, the member and the shadow Treasurer have both asked me the same number of questions—one! We have a $188 billion economy and the member for Alfred Cove has asked me the same number of questions as the shadow Treasurer. Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Mr C.C. PORTER replied: I thank the member for Alfred Cove for the question. Did the member know that with that question she shares something in common with the member for Midland? If we count back to 17 August of this year, the member and the shadow Treasurer have both asked me the same number of questions—one! We have a $188 billion economy and the member for Alfred Cove has asked me the same number of questions as the shadow Treasurer. Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
I thank the member for Alfred Cove for the question. Did the member know that with that question she shares something in common with the member for Midland? If we count back to 17 August of this year, the member and the shadow Treasurer have both asked me the same number of questions—one! We have a $188 billion economy and the member for Alfred Cove has asked me the same number of questions as the shadow Treasurer. Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Several members interjected. Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Mr C.C. PORTER : It is just that it gets a bit dull! The member for Alfred Cove should be careful they do not try and seduce her to become shadow Treasurer! I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
I thank the member for giving some notice of her questions. (1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
(1) The answer to the member’s first question about communications between the Minister for Mental Health and Treasury regarding moneys the government plans to set aside is no; there has not been any communication. (2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
(2) The answer to the second question about whether I have received or I will be seeking legal advice in regard to potential future claims from public patients and a range of other matters is no; I have not sought that legal advice. In fairness, the member is asking whether that is the type of advice that may be sought if this proposal did go further. It is unlikely that advice of that nature would be sought; and the costings — Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Mr E.S. Ripper : The minister has announced it! Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Mr C.C. PORTER : Had the Leader of the Opposition been listening to the question, the minister announced that she proposes to ask cabinet. I am not sure of the extent of the imminence of that asking or that proposal. However, as that comes forward—if it comes forward—through the cabinet process, there will first of all be interdepartmental communications, and then, no doubt, Treasury, in discussions with my office, will look at the types of information that we will need to have, and some of the information that the member has nominated will be the obvious questions that we will ask in due course. Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Dr J.M. Woollard interjected. Mr C.C. PORTER : Of course.
Mr C.C. PORTER : Of course.

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