❓ Hon Martin Aldridge questions the Minister for Police regarding procedures and guidelines for WA Police when encountering or dealing with claims of parliamentary privilege during investigations, including search warrants. The response indicates a case-by-case approach with legal advice.
AnsweredQoN 256Legislative Council
QuestionView source ↗
POLICE —
PARLIAMENTARY PRIVILEGE
256. Hon MARTIN ALDRIDGE to the minister representing the
Minister for Police:
I refer to the application of
parliamentary privilege with respect to investigations conducted by the Western
Australia Police Force.
(1) What
procedures or guidelines are applicable when WA police encounter parliamentary
privilege during the course of an investigation?
(2) What
procedures or guidelines are applicable when a claim of parliamentary privilege
is made in the course of an investigation?
(3) Who does WA
police believe to be the final arbiter of claims of parliamentary privilege in
the course of an investigation?
(4) In the
execution of a search warrant in which parliamentary privilege is likely to be
encountered, what are the procedures and guidelines with respect to seeking
approval to search, notification of search and conduct throughout the search?
PARLIAMENTARY PRIVILEGE
256. Hon MARTIN ALDRIDGE to the minister representing the
Minister for Police:
I refer to the application of
parliamentary privilege with respect to investigations conducted by the Western
Australia Police Force.
(1) What
procedures or guidelines are applicable when WA police encounter parliamentary
privilege during the course of an investigation?
(2) What
procedures or guidelines are applicable when a claim of parliamentary privilege
is made in the course of an investigation?
(3) Who does WA
police believe to be the final arbiter of claims of parliamentary privilege in
the course of an investigation?
(4) In the
execution of a search warrant in which parliamentary privilege is likely to be
encountered, what are the procedures and guidelines with respect to seeking
approval to search, notification of search and conduct throughout the search?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following information has been provided to me
by the Minister for Police.
(1)–(4) Any
claims with respect to parliamentary privilege would likely be dealt with on a case-by-case
basis. Factors such as the seriousness of the alleged offence and the exact
nature of the claim of privilege would need to be assessed. It is likely that
specific advice from the State Solicitor would be sought.
If the member has concerns about a particular
investigation, I suggest that he ask a more specific question.
some notice of the question. The following information has been provided to me
by the Minister for Police.
(1)–(4) Any
claims with respect to parliamentary privilege would likely be dealt with on a case-by-case
basis. Factors such as the seriousness of the alleged offence and the exact
nature of the claim of privilege would need to be assessed. It is likely that
specific advice from the State Solicitor would be sought.
If the member has concerns about a particular
investigation, I suggest that he ask a more specific question.
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