❓ A WA parliamentary question probes the State Supply Commission's decision to remove Western Power from its list of public sector bodies, seeking clarification on the reasons and potential implications, particularly regarding privatisation. The Minister provides a detailed response, citing legal advice and legislative changes.
AnsweredQoN 218Legislative Council
QuestionView source ↗
(1) Has the State Supply Commission written to Western Power to tell it that it is no longer considered to be a public sector body for the purposes of the State Supply Act? (2) If this is not a prelude to the privatisation of Western Power, what is the reason for the letter? (3) Will the minister explain under which provisions of the Act the State Supply Commission is acting? (4) Will the minister table the letter? Hon M.J. CRIDDLE
AnswerView source ↗
I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(2) If this is not a prelude to the privatisation of Western Power, what is the reason for the letter? (3) Will the minister explain under which provisions of the Act the State Supply Commission is acting? (4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(3) Will the minister explain under which provisions of the Act the State Supply Commission is acting? (4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
[See paper No 253.]
(2) If this is not a prelude to the privatisation of Western Power, what is the reason for the letter? (3) Will the minister explain under which provisions of the Act the State Supply Commission is acting? (4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(3) Will the minister explain under which provisions of the Act the State Supply Commission is acting? (4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(4) Will the minister table the letter? Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
Hon M.J. CRIDDLE replied: I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
I thank the member for some notice of this question. (1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(1) The State Supply Commission sought Crown Solicitor's advice regarding recent legislative changes to the Electricity Corporation Act with relation to Western Power’s status as a public authority under the State Supply Commission Act. Based on the Crown Solicitor’s advice, the State Supply Commission wrote to Western Power to acknowledge that it was not considered a public authority under the State Supply Commission Act. (2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(2) It is normal for the State Supply Commission to write to agencies to confirm a change in status when legislation changes an agency’s status as a public authority under the requirements of the State Supply Commission Act. (3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(3) The State Supply Commission Act states that, for the purpose of the Act, a “public authority” is - (a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(a) a department of the Public Service of the State established or deemed to have been established under the Public Service Act 1978 ; and (b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
(b) an agency, authority or instrumentality of the Crown in right of the State. The advice from the Crown Solicitor to the commission is that Western Power, via the Statutes (Repeals and Minor Amendments) Bill 1998 assented on 4 July 2000, is not an “agent of the Crown” and is therefore not a public authority for the purposes of the State Supply Commission Act. (4) Yes. I table a copy of the letter. [See paper No 253.]
[See paper No 253.]
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