❓ Hon Robin Chapple questions the State Development Minister about the Department of Minerals and Energy providing legal advice to KCGM regarding a potential breach of the Mining Act. The Minister defends the action as facilitating settlement and declines to table the advice, citing Crown privilege.
AnsweredQoN 240Legislative Council
QuestionView source ↗
I refer to a letter dated July 21 1995 and attachment from the Department of Minerals and Energy titled ‘Mt Charlotte-Fimiston Overland Conveyor’ addressed to Sly and Wiegall lawyers acting for Kalgoorlie Consolidated Gold Mines (KCGM) Pty Ltd -
(1) Can the Minister explain why the Department provided a copy of the legal basis of the advice, as given by the Crown Solicitors office to the Department indicating that construction of the conveyor amounted to interference under section (20)5 of the
Mining Act 1978
, to KCGM lawyers, when KCGM was the alleged offender and subject to a complaint from a resident concerning a breach of the
Mining Act
?
(2) If not, why not?
(3) Can the Minister table a copy of all this information provided to the KCGM lawyers?
(4) If not, why not?
(5) Is there any record or notes on Departmental files of the ‘subsequent discussions’ held with KCGM lawyers?
(6) If not, why not?
(7) If yes, will the Minister table a copy?
(1) Can the Minister explain why the Department provided a copy of the legal basis of the advice, as given by the Crown Solicitors office to the Department indicating that construction of the conveyor amounted to interference under section (20)5 of the
Mining Act 1978
, to KCGM lawyers, when KCGM was the alleged offender and subject to a complaint from a resident concerning a breach of the
Mining Act
?
(2) If not, why not?
(3) Can the Minister table a copy of all this information provided to the KCGM lawyers?
(4) If not, why not?
(5) Is there any record or notes on Departmental files of the ‘subsequent discussions’ held with KCGM lawyers?
(6) If not, why not?
(7) If yes, will the Minister table a copy?
AnswerView source ↗
Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
147 days
(1) – (4) The legal advice relating to this issue was provided to KCGM’s solicitors to facilitate settlement of the matter which gave rise to the advice that was sought. The matter was closed in 1995, it is not appropriate to table that advice given the general position of not releasing Crown privilege on legal advice relating to a single issue. (5) No. (6) Notes from discussions are made and filed when appropriate. None are recorded as having been made in the circumstances referred to. (7) Not applicable.
(5) No. (6) Notes from discussions are made and filed when appropriate. None are recorded as having been made in the circumstances referred to. (7) Not applicable.
(6) Notes from discussions are made and filed when appropriate. None are recorded as having been made in the circumstances referred to. (7) Not applicable.
(7) Not applicable.
(5) No. (6) Notes from discussions are made and filed when appropriate. None are recorded as having been made in the circumstances referred to. (7) Not applicable.
(6) Notes from discussions are made and filed when appropriate. None are recorded as having been made in the circumstances referred to. (7) Not applicable.
(7) Not applicable.
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