❓ Question regarding the Attorney General's awareness and involvement in the Darren Foster case, specifically concerning parliamentary privilege and the Corruption and Crime Commission (CCC). The Attorney General outlines his limited role, primarily involving referral to the State Solicitor's Office and authorizing expenditure for legal assistance.
AnsweredQoN 791Legislative Assembly
QuestionView source ↗
STANDING COMMITTEE ON
PROCEDURE AND PRIVILEGES —FIFTY-FIFTH REPORT — DARREN FOSTER
791. Mr P.A. KATSAMBANIS to the Attorney General:
I have a supplementary question.
When did the Attorney General first become aware of the issue of Darren Foster being requested to provide potentially
parliamentary privileged documents to the Corruption and Crime Commission ,
and what has been his subsequent involvement in the process?
Mr P. Papalia interjected.
The SPEAKER : Member, he will
answer that on his own.
PROCEDURE AND PRIVILEGES —FIFTY-FIFTH REPORT — DARREN FOSTER
791. Mr P.A. KATSAMBANIS to the Attorney General:
I have a supplementary question.
When did the Attorney General first become aware of the issue of Darren Foster being requested to provide potentially
parliamentary privileged documents to the Corruption and Crime Commission ,
and what has been his subsequent involvement in the process?
Mr P. Papalia interjected.
The SPEAKER : Member, he will
answer that on his own.
AnswerView source ↗
As to the first part of the
question, I am not sure that I have been released by the CCC to divulge that
information. I would have to check that. As to the second part of the question—what
was my involvement?—it was to get the State Solicitor's Office
involved, which is also an agency that falls within my basket of portfolio
responsibilities. I do not make decisions in these matters. As the Attorney
General, I refer officers to appropriate authorities. As the Attorney General,
I have under my hand authority—warrant—to provide limited legal
advice to officers. Under published guidelines, which were tabled in the
Legislative Council in, I believe, 1992 or 1993, officers have to make
application to me for legal assistance. As the member knows, Mr Foster sought
legal assistance in relation to an order made by the Standing Committee on
Procedure and Privileges to seek a Supreme Court declaration that the order
made by the committee that Mr Foster was not to communicate with third parties
was beyond power. Mr Foster subsequently wished to issue Supreme Court
proceedings and did. As Attorney General, I have to authorise the expenditure
of that money, so I performed my functions as the Attorney General.
question, I am not sure that I have been released by the CCC to divulge that
information. I would have to check that. As to the second part of the question—what
was my involvement?—it was to get the State Solicitor's Office
involved, which is also an agency that falls within my basket of portfolio
responsibilities. I do not make decisions in these matters. As the Attorney
General, I refer officers to appropriate authorities. As the Attorney General,
I have under my hand authority—warrant—to provide limited legal
advice to officers. Under published guidelines, which were tabled in the
Legislative Council in, I believe, 1992 or 1993, officers have to make
application to me for legal assistance. As the member knows, Mr Foster sought
legal assistance in relation to an order made by the Standing Committee on
Procedure and Privileges to seek a Supreme Court declaration that the order
made by the committee that Mr Foster was not to communicate with third parties
was beyond power. Mr Foster subsequently wished to issue Supreme Court
proceedings and did. As Attorney General, I have to authorise the expenditure
of that money, so I performed my functions as the Attorney General.
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