❓ Hon. Michael Mischin questions the Attorney General regarding the State Solicitor's Office procedure for identifying and removing documents potentially subject to parliamentary privilege. The Attorney General declines to provide details, citing legal professional privilege.
AnsweredQoN 882Legislative Council
Asked
20 August 2019
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
STANDING COMMITTEE ON PROCEDURE
AND PRIVILEGES — FIFTY-FIFTH REPORT —STATE SOLICITOR'S
OFFICE
882. Hon MICHAEL MISCHIN to the Leader of the House representing
the Attorney General:
I refer to tabled paper 2939,
correspondence between the Commissioner of the Corruption and Crime Commission
and the Attorney General.
(1) Will the
Leader of the House detail the procedure followed by the State Solicitor's
Office to identify and remove any documents that ''may'' be
subject to parliamentary privilege, when it was performed, and identify by name
and position the officers and staff of the State Solicitor's Office who
had access to the documents and were making those decisions?
(2) Will the
Leader of the House table any correspondence between the Attorney General and
the State Solicitor's Office regarding that procedure; and, if not,
explain why not?
AND PRIVILEGES — FIFTY-FIFTH REPORT —STATE SOLICITOR'S
OFFICE
882. Hon MICHAEL MISCHIN to the Leader of the House representing
the Attorney General:
I refer to tabled paper 2939,
correspondence between the Commissioner of the Corruption and Crime Commission
and the Attorney General.
(1) Will the
Leader of the House detail the procedure followed by the State Solicitor's
Office to identify and remove any documents that ''may'' be
subject to parliamentary privilege, when it was performed, and identify by name
and position the officers and staff of the State Solicitor's Office who
had access to the documents and were making those decisions?
(2) Will the
Leader of the House table any correspondence between the Attorney General and
the State Solicitor's Office regarding that procedure; and, if not,
explain why not?
AnswerView source ↗
I thank the
honourable member for some notice of the question.
(1)–(2) As
the member is aware, it is not uncommon for governments to obtain State
Solicitor's Office advice to determine whether certain matters would,
for example, be the subject of cabinet confidentiality and privilege, including
legal professional privilege and parliamentary privilege, in accordance with
established legal principles and convention. SSO advice may also be sought in
order to ascertain whether the disclosure of certain information may jeopardise
the administration of law and order in this state. In that context, the
information and advice that the member has requested is properly the subject of
a claim of legal professional privilege, and that privilege has not been
waived.
honourable member for some notice of the question.
(1)–(2) As
the member is aware, it is not uncommon for governments to obtain State
Solicitor's Office advice to determine whether certain matters would,
for example, be the subject of cabinet confidentiality and privilege, including
legal professional privilege and parliamentary privilege, in accordance with
established legal principles and convention. SSO advice may also be sought in
order to ascertain whether the disclosure of certain information may jeopardise
the administration of law and order in this state. In that context, the
information and advice that the member has requested is properly the subject of
a claim of legal professional privilege, and that privilege has not been
waived.
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