❓ Hon Peter Collier, on behalf of Hon Michael Mischin, questions the Premier's disclosure of legal advice given to a previous government regarding the Mineralogy arbitration, alleging a breach of convention. The Premier's response deflects responsibility, suggesting the issue lies with Hon Nick Goiran who initially raised the information.
AnsweredQoN 865Legislative Council
QuestionView source ↗
MINERALOGY ARBITRATION —
STATE SOLICITOR'S ADVICE — BRIEFING NOTE
865. Hon PETER COLLIER to
the Leader of the House representing the Premier:
This question is asked on behalf of Hon
Michael Mischin, who is on urgent parliamentary business.
I refer to the Premier's
answers of 18 and 20 August 2020 responding to my questions about his informing
the Legislative Assembly that the then responsible minister had been given
advice to appeal the 2014 arbitration award in Mineralogy Pty Ltd and another
versus the state of Western Australia.
(1) Having learnt
of the legal advice and having it confirmed in a briefing note to him, marked
by the State Solicitor ''Privileged
and Confidential'', why did the Premier breach the convention ''by
which advice and documents provided to previous governments is not
disclosed to incoming or future governments without the consent of the Leader
of the Opposition'' by —
(a) volunteering
in answer to a question from one of his backbenchers that legal advice had been
given to a previous government to appeal; and
(b) tabling the
briefing note disclosing that legal advice had been given to a previous
government to appeal?
(2) Why did the
Premier breach the convention by not seeking or confirming the consent of the
Leader of the Opposition before —
(a) seeking the
briefing note disclosing that advice;
(b) volunteering
the advice to his backbencher; and
(c) tabling the
briefing note disclosing that advice?
(3) If the
Premier claims that by his stating what legal advice had been given to a previous
government is not a breach of the convention, for the benefit of future
Parliaments, governments and oppositions, explain in detail why not?
STATE SOLICITOR'S ADVICE — BRIEFING NOTE
865. Hon PETER COLLIER to
the Leader of the House representing the Premier:
This question is asked on behalf of Hon
Michael Mischin, who is on urgent parliamentary business.
I refer to the Premier's
answers of 18 and 20 August 2020 responding to my questions about his informing
the Legislative Assembly that the then responsible minister had been given
advice to appeal the 2014 arbitration award in Mineralogy Pty Ltd and another
versus the state of Western Australia.
(1) Having learnt
of the legal advice and having it confirmed in a briefing note to him, marked
by the State Solicitor ''Privileged
and Confidential'', why did the Premier breach the convention ''by
which advice and documents provided to previous governments is not
disclosed to incoming or future governments without the consent of the Leader
of the Opposition'' by —
(a) volunteering
in answer to a question from one of his backbenchers that legal advice had been
given to a previous government to appeal; and
(b) tabling the
briefing note disclosing that legal advice had been given to a previous
government to appeal?
(2) Why did the
Premier breach the convention by not seeking or confirming the consent of the
Leader of the Opposition before —
(a) seeking the
briefing note disclosing that advice;
(b) volunteering
the advice to his backbencher; and
(c) tabling the
briefing note disclosing that advice?
(3) If the
Premier claims that by his stating what legal advice had been given to a previous
government is not a breach of the convention, for the benefit of future
Parliaments, governments and oppositions, explain in detail why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1)–(3) The Premier simply repeated information that was
raised and interrogated by Hon Nick Goiran at a briefing, as outlined in
his previous answers. If the honourable member or the Leader of the Opposition
have an issue with this information being released, I suggest they take it up
with Hon Nick Goiran.
some notice of the question.
(1)–(3) The Premier simply repeated information that was
raised and interrogated by Hon Nick Goiran at a briefing, as outlined in
his previous answers. If the honourable member or the Leader of the Opposition
have an issue with this information being released, I suggest they take it up
with Hon Nick Goiran.
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