❓ A parliamentary question regarding legal advice provided to KCGM (Kalgoorlie Consolidated Gold Mines) concerning a breach of the Mining Act, and the documentation of discussions related to the matter. The Hon. Robin Chapple is seeking clarification on the provision of legal advice, record-keeping practices, and the department's stance on Crown Privilege.
AnsweredQoN 533Legislative Council
QuestionView source ↗
I refer to question on notice No. 240 of Wednesday, September 26 2001 and the answers provided -
(1) Can the Minister explain how the provision of legal advice, as given by the Crown Solicitor and given to KCGM lawyers when KCGM was the alleged offender, can facilitate settlement of the matter?
(2) If not, why not?
(3) Can the Minister explain why, given that it was a extremely important issue, there are no notes on Departmental files of the subsequent discussions held with KCGM lawyers?
(4) If not, why not?
(5) Is it correct that there are records of other discussions concerning this same issue of KCGM breaching section 20(5) of the
Mining Act
on Departmental files commencing from when the complaint was first lodged and made with the Department?
(6) Can the Minister give a specific date, or month of the year in which the well established practice of legal advice to be considered privileged information under a solicitor/client relationship of the Department changed to being the general position of not releasing Crown Privilege on legal advice relating to a single issue?
(7) If not, why not?
(1) Can the Minister explain how the provision of legal advice, as given by the Crown Solicitor and given to KCGM lawyers when KCGM was the alleged offender, can facilitate settlement of the matter?
(2) If not, why not?
(3) Can the Minister explain why, given that it was a extremely important issue, there are no notes on Departmental files of the subsequent discussions held with KCGM lawyers?
(4) If not, why not?
(5) Is it correct that there are records of other discussions concerning this same issue of KCGM breaching section 20(5) of the
Mining Act
on Departmental files commencing from when the complaint was first lodged and made with the Department?
(6) Can the Minister give a specific date, or month of the year in which the well established practice of legal advice to be considered privileged information under a solicitor/client relationship of the Department changed to being the general position of not releasing Crown Privilege on legal advice relating to a single issue?
(7) If not, why not?
AnswerView source ↗
Answered
16 May 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
51 days
(1) The outcome was that the matter was settled after the advice was provided. (2) Not applicable (3) Departmental officers make notes and file them as and when they consider it appropriate. (4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(2) Not applicable (3) Departmental officers make notes and file them as and when they consider it appropriate. (4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(3) Departmental officers make notes and file them as and when they consider it appropriate. (4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(7) Not applicable
(2) Not applicable (3) Departmental officers make notes and file them as and when they consider it appropriate. (4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(3) Departmental officers make notes and file them as and when they consider it appropriate. (4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(4) Not applicable (5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(5) Yes (6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(6) Whilst the expressions 'well established practice of legal advice being considered privileged information' and 'the general position of not releasing Crown Privilege on legal advice relating to a single issue' may be different, it was not intended to convey a different position in meaning when the latter phrase was used in answer to question on notice No240. (7) Not applicable
(7) Not applicable
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