❓ A parliamentary question regarding the release of a structural review of Rottnest Island accommodation following a tragic death. The questioner implies the Minister is avoiding accountability by claiming the report is sub judice.
AnsweredQoN 1215Legislative Council
QuestionView source ↗
ROTTNEST ISLAND ACCOMMODATION — EMERGENCY AUDIT
I refer to the minister’s answer yesterday to a question in the Legislative Assembly that the independent structural review of Rottnest Island accommodation cannot be made public because it would be sub judice. (1) Can the minister now confirm whether the State Coroner requested the full report, or whether the minister gave it to the coroner in the mistaken belief that by doing so the minister could avoid accountability? (2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER
I refer to the minister’s answer yesterday to a question in the Legislative Assembly that the independent structural review of Rottnest Island accommodation cannot be made public because it would be sub judice. (1) Can the minister now confirm whether the State Coroner requested the full report, or whether the minister gave it to the coroner in the mistaken belief that by doing so the minister could avoid accountability? (2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(1) Can the minister now confirm whether the State Coroner requested the full report, or whether the minister gave it to the coroner in the mistaken belief that by doing so the minister could avoid accountability? (2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
… (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression.
(2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(5) ironical expressions; (6) hypothetical matter;
(6) hypothetical matter;
I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(3) Not applicable. (4) No.
(4) No.
(1) Can the minister now confirm whether the State Coroner requested the full report, or whether the minister gave it to the coroner in the mistaken belief that by doing so the minister could avoid accountability? (2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(2) Has the minister sought State Solicitor’s advice about whether or not the release of the report would be sub judice; and, if yes, when was that advice sought? (3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(3) If no advice was sought, why not? (4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(4) Given that the sub judice rule does not apply to coronial inquests, that no date for hearing has been set down and that no direction has been given under section 46 of the Coroners Act, is this claim not spurious? Ruling by President The PRESIDENT : Order! Just before I call the Minister for Environment, the last few questions have bordered on being very spurious, to use the word used in the last question. I just refer members to standing order 140, which states in part — Questions shall be concise and not contain: … (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression. I just remind members asking questions to be mindful of that standing order. Questions without Notice Resumed Hon DONNA FARAGHER replied: I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
… (1) arguments; (2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter; (iii) discreditable references to either House or its Members, or any offensive or unparliamentary expression.
(2) inferences; (3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(3) imputations; (4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(4) unnecessary epithets; (5) ironical expressions; (6) hypothetical matter;
(5) ironical expressions; (6) hypothetical matter;
(6) hypothetical matter;
I thank the honourable member for some notice of this question. (1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(1) The minister has not received a copy of the full report. The report was commissioned, with advice from the State Solicitor’s Office, by the Rottnest Island Authority and was provided directly to the coronial investigation unit for the purposes of the coroner’s inquest into the tragic death of Thomas Brasier. Advice from the State Solicitor’s Office confirms that the report is sub judice and is, furthermore, subject to legal professional privilege. The Rottnest Island Authority is prepared to obtain separate confirmation from the consultant who prepared the report as to the structural integrity of the masonry columns in Rottnest Island Authority accommodation. (2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(2) The report was commissioned by the Rottnest Island Authority. The Rottnest Island Authority has sought State Solicitor’s advice on this matter from 28 October 2009, and continues to do so as and when is necessary. The minister’s office sought further confirmation of this advice from the State Solicitor’s Office on 25 November 2009. (3) Not applicable. (4) No.
(3) Not applicable. (4) No.
(4) No.
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