❓ A member of parliament questions the government's decision not to implement a recommendation regarding smoking in public spaces, focusing on potential legal liabilities. The Minister declines to answer, citing legal professional privilege.
AnsweredQoN 1047Legislative Council
QuestionView source ↗
Following the minister’s tabling of the review of the operation and effectiveness of part IXB of the Health Act 1911 and the Health (Smoking in Enclosed Public Spaces) Regulations 1999, the minister has decided not to implement recommendation No 1, which calls for removing all exemptions from enclosed public spaces including hotels, taverns and nightclubs. (1) By failing to implement the Department of Health’s prime recommendation, has the Government sought legal advice about whether it will be open to future litigation by employees who contract smoking-related illnesses? (2) If yes to (1), what was the advice received? (3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH
AnswerView source ↗
I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(1) By failing to implement the Department of Health’s prime recommendation, has the Government sought legal advice about whether it will be open to future litigation by employees who contract smoking-related illnesses? (2) If yes to (1), what was the advice received? (3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(2) If yes to (1), what was the advice received? (3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(1) By failing to implement the Department of Health’s prime recommendation, has the Government sought legal advice about whether it will be open to future litigation by employees who contract smoking-related illnesses? (2) If yes to (1), what was the advice received? (3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(2) If yes to (1), what was the advice received? (3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(3) If any such legal advice has indicated that the Government could be held responsible for smoking-related illnesses contracted in exempted workplaces, what is the extent of the State’s liability? (4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(4) If no to (1), does the Government intend to seek legal advice about its potential liability? (5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(5) If yes to (4), when will it seek such advice? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
I thank the member for some notice of this question. (1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
(1)-(5) Legal advice given is the subject of legal professional privilege, and if such advice were sought or received it would not be disclosed in any event.
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