❓ Hon Ken Travers asked the Attorney General whether WA statutes preclude charging someone with DUI if no blood alcohol reading is available. The Attorney General initially refused to answer, citing standing orders, but later answered 'no' and 'not applicable' after a point of order.
AnsweredQoN 191Legislative Council
QuestionView source ↗
DRIVING UNDER THE INFLUENCE — BLOOD ALCOHOL
READING
191. Hon KEN TRAVERS to the
Attorney General:
(1) Do any
Western Australian statutes preclude the charging of a person with driving
under the influence if there is no blood alcohol reading available?
(2) If yes to (1), which statutes?
READING
191. Hon KEN TRAVERS to the
Attorney General:
(1) Do any
Western Australian statutes preclude the charging of a person with driving
under the influence if there is no blood alcohol reading available?
(2) If yes to (1), which statutes?
AnswerView source ↗
I thank the honourable member for some notice of this
question.
(1)–(2)
I advise the member that under standing order 105, questions should not seek an
opinion or a legal interpretation or opinion. The member should seek
independent legal advice if he requires clarification of provisions of the Road
Traffic Act 1974.
Several
members interjected.
The
PRESIDENT : Order! I think
the Leader of the Opposition is trying to take a point of order.
Point of Order
Hon SUE ELLERY : As I heard the answer just given by the
Attorney General, he is relying on standing order 105, which refers to the
seeking of an opinion. The question does not seek an opinion; the question asks
which statutes preclude certain things. That is not asking for an opinion; it
is asking for a reference to a particular statute.
The PRESIDENT : I hear the Leader of the Opposition's
point of order, but we get back to the situation that the Attorney General's
answer is the Attorney General's answer. In those terms, you may not
like an answer or agree with an answer, but it is the answer. If the Attorney
General, on hearing the point of order, wishes to reconsider that, it is
entirely at his discretion. In the sense that the Attorney General has given
what he considers a suitable answer in relation to him providing an opinion,
that is the answer, I am afraid, whether you think it is right or wrong or
whatever.
Hon SUE ELLERY : Thank you, Mr President; I appreciate
that. I wonder whether I can ask you to make a formal ruling on whether the
question asked by Hon Ken Travers is in breach of any of the standing orders.
The PRESIDENT : I am happy to make a ruling that the
question is perfectly legitimate and does not breach any standing order.
Questions without Notice Resumed
Hon MICHAEL MISCHIN : In that case, the answers are no and not
applicable.
question.
(1)–(2)
I advise the member that under standing order 105, questions should not seek an
opinion or a legal interpretation or opinion. The member should seek
independent legal advice if he requires clarification of provisions of the Road
Traffic Act 1974.
Several
members interjected.
The
PRESIDENT : Order! I think
the Leader of the Opposition is trying to take a point of order.
Point of Order
Hon SUE ELLERY : As I heard the answer just given by the
Attorney General, he is relying on standing order 105, which refers to the
seeking of an opinion. The question does not seek an opinion; the question asks
which statutes preclude certain things. That is not asking for an opinion; it
is asking for a reference to a particular statute.
The PRESIDENT : I hear the Leader of the Opposition's
point of order, but we get back to the situation that the Attorney General's
answer is the Attorney General's answer. In those terms, you may not
like an answer or agree with an answer, but it is the answer. If the Attorney
General, on hearing the point of order, wishes to reconsider that, it is
entirely at his discretion. In the sense that the Attorney General has given
what he considers a suitable answer in relation to him providing an opinion,
that is the answer, I am afraid, whether you think it is right or wrong or
whatever.
Hon SUE ELLERY : Thank you, Mr President; I appreciate
that. I wonder whether I can ask you to make a formal ruling on whether the
question asked by Hon Ken Travers is in breach of any of the standing orders.
The PRESIDENT : I am happy to make a ruling that the
question is perfectly legitimate and does not breach any standing order.
Questions without Notice Resumed
Hon MICHAEL MISCHIN : In that case, the answers are no and not
applicable.
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