❓ A WA parliamentary question on notice regarding access to departmental mining files by a legal professional, specifically concerning prospecting and miscellaneous licenses. The Minister's response clarifies the circumstances under which the information was provided without standard procedures.
AnsweredQoN 3248Legislative Council
QuestionView source ↗
I refer to the undated memorandum addressed to the Warden at
http://robinchapple.org.au/node/460
and the access of departmental files by Mrs Carmel McKenzie concerning Prospecting Licences 26/3384, 26/3403, Miscellaneous Licence 26/228, other departmental files, transcript of proceedings dated 1 September 2008 for the Wardens Court concerning Miscellaneous Licence L26/228 and objections to Prospecting Licence 26/3403,and ask -
(1) Can the Minister provide the exact date, which a copy of the above referred to transcript dated 1 September 2010 was provided to Mrs Carmel McKenzie?
(2) If no to (1), why not?
(3) Can the Minister state what is the normal fee per page payable to obtain a copy of the wardens court proceedings?
(4) If no to (3), why not?
(5) Can the Minister state the receipt number, receipt date and the fee that was paid by Mrs. Carmel McKenzie to obtain a copy of the above Wardens Court Transcript dated 1 September 2008?
(6) If no to (5), why not?
(7) Can the Minister quote the text of all the documents and state what other specific documents were provided by departmental staff members in October 2010, November 2010 to Mrs Carmel McKenzie in relation to all the above referred to matters?
(8) If no to (7), why not?
(9) Do departmental officers regularly provide copies of memorandums similar or the same as the above undated memorandum addressed to the Warden from the DMP to members of the public and lawyers?
(10) If yes to (9), can the Minister quote the text and date of documents provided within the last three months to all members of the public and lawyers?
(11) Can the Minister state the receipt number, receipt date and the fee that was paid by Mrs. McKenzie to obtain a copy of the above referred to undated memorandum addressed to the Warden?
(12) If no to (11), why not?
(13) Will the DMP allow any member of the public to obtain copies of any memorandums on any files addressed to the warden from the DMP without having a subpoena or a granted freedom of information application?
(14) If no to (13), why not?
(15) If yes to (13) can the Minister explain how this process of obtaining these memorandums works and operates?
(16) In the month of October 2010 can the Minister state how many hours and on what specific date(s) Mrs McKenzie was given access to all the above mentioned files and documents on those files?
(17) If no to (16), why not?
(18) In the months on October and November 2010, can the Minister state what specific files, specific documents other than those specifically referred to above, including tenement numbers Mrs McKenzie was provided access to in the Kalgoorlie office?
(19) If no (18), why not?
(20) If yes to (16 and/or 18) will the Minister identify the officer/s that provided access to these documents, on what authority and why?
http://robinchapple.org.au/node/460
and the access of departmental files by Mrs Carmel McKenzie concerning Prospecting Licences 26/3384, 26/3403, Miscellaneous Licence 26/228, other departmental files, transcript of proceedings dated 1 September 2008 for the Wardens Court concerning Miscellaneous Licence L26/228 and objections to Prospecting Licence 26/3403,and ask -
(1) Can the Minister provide the exact date, which a copy of the above referred to transcript dated 1 September 2010 was provided to Mrs Carmel McKenzie?
(2) If no to (1), why not?
(3) Can the Minister state what is the normal fee per page payable to obtain a copy of the wardens court proceedings?
(4) If no to (3), why not?
(5) Can the Minister state the receipt number, receipt date and the fee that was paid by Mrs. Carmel McKenzie to obtain a copy of the above Wardens Court Transcript dated 1 September 2008?
(6) If no to (5), why not?
(7) Can the Minister quote the text of all the documents and state what other specific documents were provided by departmental staff members in October 2010, November 2010 to Mrs Carmel McKenzie in relation to all the above referred to matters?
(8) If no to (7), why not?
(9) Do departmental officers regularly provide copies of memorandums similar or the same as the above undated memorandum addressed to the Warden from the DMP to members of the public and lawyers?
(10) If yes to (9), can the Minister quote the text and date of documents provided within the last three months to all members of the public and lawyers?
(11) Can the Minister state the receipt number, receipt date and the fee that was paid by Mrs. McKenzie to obtain a copy of the above referred to undated memorandum addressed to the Warden?
(12) If no to (11), why not?
(13) Will the DMP allow any member of the public to obtain copies of any memorandums on any files addressed to the warden from the DMP without having a subpoena or a granted freedom of information application?
(14) If no to (13), why not?
(15) If yes to (13) can the Minister explain how this process of obtaining these memorandums works and operates?
(16) In the month of October 2010 can the Minister state how many hours and on what specific date(s) Mrs McKenzie was given access to all the above mentioned files and documents on those files?
(17) If no to (16), why not?
(18) In the months on October and November 2010, can the Minister state what specific files, specific documents other than those specifically referred to above, including tenement numbers Mrs McKenzie was provided access to in the Kalgoorlie office?
(19) If no (18), why not?
(20) If yes to (16 and/or 18) will the Minister identify the officer/s that provided access to these documents, on what authority and why?
AnswerView source ↗
Answered
14 February 2011
Responded by
Minister for Mines and Petroleum
Response time
74 days
Preamble
:
The question on notice is referring to a visit by Mrs Carmel McKenzie, of McKenzie & McKenzie, to the office of the Kalgoorlie Regional Mining Registrar in October 2010.
Mrs McKenzie wanted to be informed of the hearing dates, together with the orders made at those hearings, in respect of legal proceedings which occurred before the Warden in Kalgoorlie between August 2006 and December 2008, in which she was legal counsel for one of the parties to the proceedings.
Mrs McKenzie advised she was seeking this information so she could provide it to the Legal Profession Complaints Committee.
The Legal Profession Complaints Committee is a body created by Parliament under the Legal Profession Act 2008 to supervise the conduct of legal practitioners in Western Australia.
The Kalgoorlie Regional Mining Registrar physically went through the Departmental files, and at no time did Mrs McKenzie have direct access to the files.
Copies of documents provided to Mrs McKenzie included Warden's Court face-sheets (showing the parties to the proceedings, hearing dates and orders made at those hearings), a transcript of Warden's Court proceedings dated 1 September 2008 and a memo to the Warden from DMP seeking the hearing on the same day of other related matters.
Mrs McKenzie was provided with the above documents without a subpoena or a freedom of information application and at no cost on the basis that:
(i) the documents provided were regarded as part of the Warden's Court files (notwithstanding they also formed part of the respective mining tenement files);
(ii) As mentioned above, the proceedings in question had been determined in December 2008;
(iii) Mrs McKenzie was the legal representative of one of the parties to the proceedings; and
(iv) the information was being provided to a statutory supervisory body.
(1) No
(2) The exact date is uncertain but may have been 22 October 2010.
(3) The current fee is $7.70 per page.
(4) Not applicable
(5)&(6) No fee was charged (refer to preamble above).
(7) Copies of the documents provided to Ms McKenzie are attached
[tabled paper _____]
(8) Not applicable
(9) No
(10) Not applicable
(11)&(12) No fee was charged (refer to preamble above).
(13) No
(14) In the absence of a subpoena or freedom of information application, the Department of Mines and Petroleum will only provide a party to the Warden's Court proceedings with such a copy.
(15) Not applicable
(16) Mrs McKenzie did not have access to the files but did visit the Regional Mining Registrar Kalgoorlie once for three hours on an unspecified date [see answer to Question (2) above].
(17) Not applicable
(18) None
(19) Not applicable
(20) Refer to preamble above.
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:
The question on notice is referring to a visit by Mrs Carmel McKenzie, of McKenzie & McKenzie, to the office of the Kalgoorlie Regional Mining Registrar in October 2010.
Mrs McKenzie wanted to be informed of the hearing dates, together with the orders made at those hearings, in respect of legal proceedings which occurred before the Warden in Kalgoorlie between August 2006 and December 2008, in which she was legal counsel for one of the parties to the proceedings.
Mrs McKenzie advised she was seeking this information so she could provide it to the Legal Profession Complaints Committee.
The Legal Profession Complaints Committee is a body created by Parliament under the Legal Profession Act 2008 to supervise the conduct of legal practitioners in Western Australia.
The Kalgoorlie Regional Mining Registrar physically went through the Departmental files, and at no time did Mrs McKenzie have direct access to the files.
Copies of documents provided to Mrs McKenzie included Warden's Court face-sheets (showing the parties to the proceedings, hearing dates and orders made at those hearings), a transcript of Warden's Court proceedings dated 1 September 2008 and a memo to the Warden from DMP seeking the hearing on the same day of other related matters.
Mrs McKenzie was provided with the above documents without a subpoena or a freedom of information application and at no cost on the basis that:
(i) the documents provided were regarded as part of the Warden's Court files (notwithstanding they also formed part of the respective mining tenement files);
(ii) As mentioned above, the proceedings in question had been determined in December 2008;
(iii) Mrs McKenzie was the legal representative of one of the parties to the proceedings; and
(iv) the information was being provided to a statutory supervisory body.
(1) No
(2) The exact date is uncertain but may have been 22 October 2010.
(3) The current fee is $7.70 per page.
(4) Not applicable
(5)&(6) No fee was charged (refer to preamble above).
(7) Copies of the documents provided to Ms McKenzie are attached
[tabled paper _____]
(8) Not applicable
(9) No
(10) Not applicable
(11)&(12) No fee was charged (refer to preamble above).
(13) No
(14) In the absence of a subpoena or freedom of information application, the Department of Mines and Petroleum will only provide a party to the Warden's Court proceedings with such a copy.
(15) Not applicable
(16) Mrs McKenzie did not have access to the files but did visit the Regional Mining Registrar Kalgoorlie once for three hours on an unspecified date [see answer to Question (2) above].
(17) Not applicable
(18) None
(19) Not applicable
(20) Refer to preamble above.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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