A parliamentary question seeks clarification on access to Department of Mines and Petroleum documents for the public, legal professionals, and members of Parliament, and the record-keeping practices associated with document access.

AnsweredQoN 903Legislative Council
Asked
10 November 2010
Portfolio
Mines and Petroleum

QuestionView source ↗

DEPARTMENT OF MINES AND PETROLEUM — ACCESS TO DOCUMENTS
I refer to all Department of Mines and Petroleum documents, including but not limited to mine safety, mining tenure or tenements, in the Perth office and all regional offices of the Department of Mines and Petroleum. (1) Will the minister state the process by which members of the public, members of the legal profession and members of Parliament can access DMP documents and files? (2) Are there any differentiating access rights to documents for any of the professions mentioned in (1)? (3) If yes to (2), will the minister explain the differences in access rights? (4) Are lawyers acting for clients permitted to access DMP files, peruse all documents or files and take copies of documents without a subpoena or payment of a fee? (5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE

AnswerView source ↗

Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(1) Will the minister state the process by which members of the public, members of the legal profession and members of Parliament can access DMP documents and files? (2) Are there any differentiating access rights to documents for any of the professions mentioned in (1)? (3) If yes to (2), will the minister explain the differences in access rights? (4) Are lawyers acting for clients permitted to access DMP files, peruse all documents or files and take copies of documents without a subpoena or payment of a fee? (5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(2) Are there any differentiating access rights to documents for any of the professions mentioned in (1)? (3) If yes to (2), will the minister explain the differences in access rights? (4) Are lawyers acting for clients permitted to access DMP files, peruse all documents or files and take copies of documents without a subpoena or payment of a fee? (5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(3) If yes to (2), will the minister explain the differences in access rights? (4) Are lawyers acting for clients permitted to access DMP files, peruse all documents or files and take copies of documents without a subpoena or payment of a fee? (5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(4) Are lawyers acting for clients permitted to access DMP files, peruse all documents or files and take copies of documents without a subpoena or payment of a fee? (5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(5) If yes to (4), will the minister explain and quote under what parts of the relevant legislation this is permitted? (6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(6) In terms of any documents obtained from DMP files by members of the public, lawyers or members of Parliament, is a detailed record kept of the data accessed, retrieval or payment of a fee for copies and the reasons access was provided by each employee/officer from within the department? (7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(7) If no to (6), why not? The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
The PRESIDENT : I think in standing order 140, the word “concise” is mentioned in respect of questions. Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
Hon NORMAN MOORE replied: Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
Thank you, Mr President. Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
Hon Ken Travers : Unfortunately, you have got answers! Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
Hon NORMAN MOORE : I am quite happy for the member to have a standing order changed so that the answers must be concise as well. That will completely deny him capacity to answer a question if he ever came across here. (1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(1) For documents that are not publicly available, access is only available through an application under the Freedom of Information Act 1992. For details regarding access to publicly available documents, please see the Department of Mines and Petroleum’s information statement on the department’s website. (2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(2) No. (3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(3) Not applicable. (4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(4) No. (5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(5) Not applicable. (6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(6) Yes. (7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
(7) Not applicable. That is concise, is it not? Hon Robin Chapple : Absolutely.
That is concise, is it not? Hon Robin Chapple : Absolutely.
Hon Robin Chapple : Absolutely.

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