A WA parliamentary question seeks information regarding correspondence between the WA and federal Indigenous Affairs ministers concerning Aboriginal heritage sites at Windarling and Jackson mine sites. The WA minister declines to table the requested documents, citing confidentiality and the federal minister's purview.

AnsweredQoN 234Legislative Council
Asked
8 April 2004
Portfolio
Indigenous Affairs

QuestionView source ↗

I refer to correspondence between the Minister for Indigenous Affairs and the federal Minister for the Environment and Heritage on the subject of sites of Aboriginal significance at the Windarling and Jackson mine sites. (1) Did the minister receive a letter from Mr Kemp’s office dated on or about 21 November 2003 requesting information about these sites? (2) If yes to (1), will the minister table the letter? (3) If no to (2), why not? (4) Will the minister table copies of all material sent to the federal minister in response to this request? (5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS

AnswerView source ↗

The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(1) Did the minister receive a letter from Mr Kemp’s office dated on or about 21 November 2003 requesting information about these sites? (2) If yes to (1), will the minister table the letter? (3) If no to (2), why not? (4) Will the minister table copies of all material sent to the federal minister in response to this request? (5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(2) If yes to (1), will the minister table the letter? (3) If no to (2), why not? (4) Will the minister table copies of all material sent to the federal minister in response to this request? (5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(3) If no to (2), why not? (4) Will the minister table copies of all material sent to the federal minister in response to this request? (5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(4) Will the minister table copies of all material sent to the federal minister in response to this request? (5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(5) If no to (4), why not? (6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(6) If no to (4), will the minister give an outline of the form and content of the material that was sent to the federal minister? Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
Hon TOM STEPHENS replied: The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
The Minister for Indigenous Affairs has provided the following response - (1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(1) Yes. (2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(2) No. (3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(3) The letter is routine correspondence advising the minister of an application under sections 9 and 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and seeks information on the operation of the state legislation. As this letter was from the federal Minister for the Environment and Heritage, it is more appropriate that a request for a copy of the letter be made to Mr Kemp. (4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(4) No. (5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(5) The sections 9 and 10 applications are currently under consideration by the federal Minister for the Environment and Heritage. The material provided about the application is subject to agreed conditions of confidentiality. (6) See the answer to part (5).
(6) See the answer to part (5).

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