❓ Hon Michael Mischin questions the Attorney General regarding the disclosure of correspondence between a litigant and the State Solicitor to a reporter, inquiring about the consistency of this action with the Attorney General's role and the state's model litigant obligations. The Attorney General defends the disclosure based on public interest.
AnsweredQoN 1192Legislative Council
Asked
22 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
1192. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the answers to my
questions on this subject, particularly the answer delivered to my question
without notice 1147 of 16 October 2019
regarding the letter from the Clerk of the Legislative Council and the State
Solicitor dated 28 August 2019.
(1) Does the
Attorney General admit that, as a minister and first law officer of the state,
he disclosed to a reporter a copy of correspondence received by the State
Solicitor from a defendant to litigation being prosecuted by the State
Solicitor?
(2) When, how and from whom did he
acquire the copy of the letter that he disclosed to the reporter?
(3) Is the
Attorney General saying that his disclosing correspondence between a party to litigation
and the State Solicitor in such circumstances is consistent with the state's
being a model litigant?
(4) Is the
Attorney General saying that his disclosing correspondence between a party to
litigation and the State Solicitor in such circumstances is consistent with his
role as a minister of the state?
(5) Has the
Attorney General done anything such as this on any other occasion since
becoming a minister; and, if so, when and in what circumstances?
PROCEDURE AND PRIVILEGES —FIFTY-SIXTH REPORT — LEGAL ADVICE
1192. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the answers to my
questions on this subject, particularly the answer delivered to my question
without notice 1147 of 16 October 2019
regarding the letter from the Clerk of the Legislative Council and the State
Solicitor dated 28 August 2019.
(1) Does the
Attorney General admit that, as a minister and first law officer of the state,
he disclosed to a reporter a copy of correspondence received by the State
Solicitor from a defendant to litigation being prosecuted by the State
Solicitor?
(2) When, how and from whom did he
acquire the copy of the letter that he disclosed to the reporter?
(3) Is the
Attorney General saying that his disclosing correspondence between a party to litigation
and the State Solicitor in such circumstances is consistent with the state's
being a model litigant?
(4) Is the
Attorney General saying that his disclosing correspondence between a party to
litigation and the State Solicitor in such circumstances is consistent with his
role as a minister of the state?
(5) Has the
Attorney General done anything such as this on any other occasion since
becoming a minister; and, if so, when and in what circumstances?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1)–(5) As
Attorney General, I am privy to correspondence involving the State Solicitor's
Office because that office is within my portfolio of agencies. I consider
correspondence on the matter to which the member refers to be of significant
public interest, as did the Standing Committee on Procedure and Privileges,
which tabled it as part of its fifty-sixth report.
some notice of the question.
(1)–(5) As
Attorney General, I am privy to correspondence involving the State Solicitor's
Office because that office is within my portfolio of agencies. I consider
correspondence on the matter to which the member refers to be of significant
public interest, as did the Standing Committee on Procedure and Privileges,
which tabled it as part of its fifty-sixth report.
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