❓ Hon. Tjorn Sibma asks whether the State Solicitor's Office or Solicitor-General advised the government on the legal risks associated with the Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018, and requests the advice be tabled. The government acknowledges receiving advice but declines to table it due to legal professional privilege.
AnsweredQoN 202Legislative Council
QuestionView source ↗
HUMAN REPRODUCTIVE TECHNOLOGY AND SURROGACYLEGISLATION
AMENDMENT BILL 2018
202. Hon TJORN SIBMA to the parliamentary secretary
representing the Minister for Health:
I refer to the minister's
second reading speech on the Human Reproductive Technology and Surrogacy
Legislation Amendment Bill 2018.
(1) Has the State
Solicitor's Office or the Solicitor-General briefed the state
government in a manner consistent with the minister's claims that the
status quo poses an ''unacceptable risk of litigation and the prospect
of provisions of the relevant state legislation—the HRT act—being
held by a court to be invalid''?
(2) If such
advice has been provided, will the minister table it; and, if not, why not?
AMENDMENT BILL 2018
202. Hon TJORN SIBMA to the parliamentary secretary
representing the Minister for Health:
I refer to the minister's
second reading speech on the Human Reproductive Technology and Surrogacy
Legislation Amendment Bill 2018.
(1) Has the State
Solicitor's Office or the Solicitor-General briefed the state
government in a manner consistent with the minister's claims that the
status quo poses an ''unacceptable risk of litigation and the prospect
of provisions of the relevant state legislation—the HRT act—being
held by a court to be invalid''?
(2) If such
advice has been provided, will the minister table it; and, if not, why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question. I am advised of the following.
(1)–(2) The
state government has taken advice from both the State Solicitor's
Office and the Solicitor-General. That advice is subject to legal professional
privilege and will therefore not be tabled.
some notice of the question. I am advised of the following.
(1)–(2) The
state government has taken advice from both the State Solicitor's
Office and the Solicitor-General. That advice is subject to legal professional
privilege and will therefore not be tabled.
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