❓ A WA parliamentary question on notice regarding the handling of evidence and decisions in a Warden's Court case related to mining. The Minister provides explanations regarding lost evidence, delays, and the division of responsibilities.
AnsweredQoN 804Legislative Council
QuestionView source ↗
I refer to questions without notice Nos 880 of Thursday, May 8 2003, 840 of Tuesday, May 6 2003 and the answers provided -
(1) Can the Minister explain how certain parts of the transcript were not available as voices were illegible and evidence was lost due to tape changes given that the Department as I understand it, is specifically responsible for looking after the tapes, transcripts and any evidence presented in the Warden’s Court?
(2) If no to (1), why not?
(3) Is it correct that the hearing took place for the above matters on the August 12 1997 and the final edited decision was not available to the participating parties till January 14 2000 and at the time appeared that the recommendations of the warden did not fully resolve the situation?
(4) If yes to (3), can the Minister explain how this transpired?
(5) If no to (3), what is correct?
(6) Can the Minister specifically state all the facts Mr Holden raised with the Department in his letter dated April 17 2000 in which the Department I understand has made a file note stating ‘Mr Holden has raised several facts which the Warden has not addressed in his final edited decision’?
(7) If no to (6), why not?
(8) Can the Minister explain why in this matter there is an Addendum to Reasons for Decision dated February 21 2003, an unedited Reasons for Decision dated November 5 1998 and an edited reasons for decision dated January 14 2000 pertaining to this matter?
(9) If no to (8), why not?
(1) Can the Minister explain how certain parts of the transcript were not available as voices were illegible and evidence was lost due to tape changes given that the Department as I understand it, is specifically responsible for looking after the tapes, transcripts and any evidence presented in the Warden’s Court?
(2) If no to (1), why not?
(3) Is it correct that the hearing took place for the above matters on the August 12 1997 and the final edited decision was not available to the participating parties till January 14 2000 and at the time appeared that the recommendations of the warden did not fully resolve the situation?
(4) If yes to (3), can the Minister explain how this transpired?
(5) If no to (3), what is correct?
(6) Can the Minister specifically state all the facts Mr Holden raised with the Department in his letter dated April 17 2000 in which the Department I understand has made a file note stating ‘Mr Holden has raised several facts which the Warden has not addressed in his final edited decision’?
(7) If no to (6), why not?
(8) Can the Minister explain why in this matter there is an Addendum to Reasons for Decision dated February 21 2003, an unedited Reasons for Decision dated November 5 1998 and an edited reasons for decision dated January 14 2000 pertaining to this matter?
(9) If no to (8), why not?
AnswerView source ↗
Answered
25 June 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
41 days
(1) & (2) The clarity of voices on taped evidence can be affected when witnesses turn away from the general direction of the recording microphones, the witness speaks softly or other background noises make voices indecipherable. In regard to evidence being lost due to tape changes; The Minister for State Development was informed by the Director General that malfunction of the court recording system caused the clerk to change tapes, and the evidence given in the time (i.e. seconds) that this took was lost. (3) Yes. (4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
In regard to evidence being lost due to tape changes; The Minister for State Development was informed by the Director General that malfunction of the court recording system caused the clerk to change tapes, and the evidence given in the time (i.e. seconds) that this took was lost. (3) Yes. (4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(3) Yes. (4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
In regard to evidence being lost due to tape changes; The Minister for State Development was informed by the Director General that malfunction of the court recording system caused the clerk to change tapes, and the evidence given in the time (i.e. seconds) that this took was lost. (3) Yes. (4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(3) Yes. (4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(4) The initial hearing took place on 12 and 13 August 1997 and further evidence was taken on 15 and 16 January 1998. The Warden delivered his reasons for decision verbally on 5 November 1998 and provided a written edited decision on 14 January 2000. The Director General has informed the Minister that the Warden’s reasons for decision dated 14 January 2000 did not include recommendations on all of the matters heard. (5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(5) Not applicable. (6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(6) No. (7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(7) The Warden’s recommendations and notes of evidence from the hearing have not been referred to the Minister yet. Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
Optimum Resources has sought time to provide a submission on the matters the subject of the hearing and been given until 16 June 2003 to do so. (8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
(8)&(9) The hearing of matters in the Warden’s Court, and the provision of recommendations and reasons for decision are issues that are dealt with by the Warden. The Reasons for Decision quoted all relate to the hearing that took place and the Minister is not able to provide any further information.
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