❓ Hon. Michael Mischin questions the Attorney General regarding the disclosure of a letter to a journalist before it was tabled in parliament, focusing on the justification and potential precedent. The Attorney General defends the disclosure based on public interest.
AnsweredQoN 1233Legislative Council
Asked
23 October 2019
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
STANDING COMMITTEE ON
PROCEDURE AND PRIVILEGES — FIFTY-SIXTH REPORT —LEGAL ADVICE
1233. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
advice yesterday to the Legislative Assembly in answer to question without
notice 926 from Mr P.A. Katsambanis admitting that he provided to a journalist
a copy of the Clerk of the Legislative Council's letter to the State
Solicitor dated 28 August 2019 before it was tabled as part of the Standing
Committee on Procedure and Privileges' fifty-sixth report.
(1) Why did he
not say so when I asked the same question in this place on 16 October?
(2) Precisely
what public, rather than political, interest is the Attorney General claiming
he is serving in disclosing correspondence between parties to litigation that
had only come into his possession because he was the minister to whom the State
Solicitor was responsible?
(3) Is this the
only occasion since he became a minister that he has disclosed to the media
correspondence passing between the State Solicitor and a litigant before it was
made public by that litigant?
(4) If no to (3), when and to whom
and in what circumstances was that other disclosure made?
PROCEDURE AND PRIVILEGES — FIFTY-SIXTH REPORT —LEGAL ADVICE
1233. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
advice yesterday to the Legislative Assembly in answer to question without
notice 926 from Mr P.A. Katsambanis admitting that he provided to a journalist
a copy of the Clerk of the Legislative Council's letter to the State
Solicitor dated 28 August 2019 before it was tabled as part of the Standing
Committee on Procedure and Privileges' fifty-sixth report.
(1) Why did he
not say so when I asked the same question in this place on 16 October?
(2) Precisely
what public, rather than political, interest is the Attorney General claiming
he is serving in disclosing correspondence between parties to litigation that
had only come into his possession because he was the minister to whom the State
Solicitor was responsible?
(3) Is this the
only occasion since he became a minister that he has disclosed to the media
correspondence passing between the State Solicitor and a litigant before it was
made public by that litigant?
(4) If no to (3), when and to whom
and in what circumstances was that other disclosure made?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) The
honourable member did receive an answer to Legislative Council question without
notice 1147 on 16 October 2019.
(2) If the
honourable member cannot identify the public interest in the public remaining
informed about this issue, I cannot assist
him. I note, once again, that the public interest was sufficient for the
Standing Committee on Procedure and Privileges to include the letter in
the fifty-sixth report.
(3) I cannot
recall any other litigant funded by the public and answerable to the public of Western
Australia, as is the Legislative Council, whose actions would fall into the
same public interest category.
(4) Not applicable.
some notice of the question.
(1) The
honourable member did receive an answer to Legislative Council question without
notice 1147 on 16 October 2019.
(2) If the
honourable member cannot identify the public interest in the public remaining
informed about this issue, I cannot assist
him. I note, once again, that the public interest was sufficient for the
Standing Committee on Procedure and Privileges to include the letter in
the fifty-sixth report.
(3) I cannot
recall any other litigant funded by the public and answerable to the public of Western
Australia, as is the Legislative Council, whose actions would fall into the
same public interest category.
(4) Not applicable.
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