❓ Hon. Michael Mischin questions the Attorney General's refusal to disclose the State Solicitor's Office's procedures for handling privileged parliamentary documents, specifically regarding email access and staff involvement. The Attorney General requests the question be put on notice due to time constraints.
AnsweredQoN 949Legislative Council
Asked
4 September 2019
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
STANDING COMMITTEE ON
PROCEDURE AND PRIVILEGES — FIFTY-FIFTH REPORT —EMAIL ACCESS —
STATE SOLICITOR'S OFFICE
949. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
refusal to disclose to Parliament the procedure followed by the State Solicitor's
Office on behalf of the government to identify and remove from documents
provided to it those that may be the subject of parliamentary privilege, and to
identify the officers and staff who had access to those documents and made
those decisions.
(1) How many and
what categories of staff from the State Solicitor's Office were engaged
in perusing members' emails and documents and making the necessary
decisions?
(2) Why will the
Attorney General not satisfy Parliament of the integrity of the process
involved and the preservation of parliamentary privilege by revealing the
instructions issued to staff and the process by which documents were
identified?
(3) Is the
Attorney General's claim that advice to Parliament about the method by
which the government's officers have undertaken that process is subject
to legal professional privilege supported by legal advice to that effect; and,
if so, from whom and when was it sought and obtained?
(4) If it is the
case that the objective information as to the process is subject to legal
professional privilege, why will the Attorney General not, in the interests of
transparency and accountability, waive privilege to the extent necessary to
reassure the Parliament?
PROCEDURE AND PRIVILEGES — FIFTY-FIFTH REPORT —EMAIL ACCESS —
STATE SOLICITOR'S OFFICE
949. Hon MICHAEL MISCHIN to the Leader of the House
representing the Attorney General:
I refer to the Attorney General's
refusal to disclose to Parliament the procedure followed by the State Solicitor's
Office on behalf of the government to identify and remove from documents
provided to it those that may be the subject of parliamentary privilege, and to
identify the officers and staff who had access to those documents and made
those decisions.
(1) How many and
what categories of staff from the State Solicitor's Office were engaged
in perusing members' emails and documents and making the necessary
decisions?
(2) Why will the
Attorney General not satisfy Parliament of the integrity of the process
involved and the preservation of parliamentary privilege by revealing the
instructions issued to staff and the process by which documents were
identified?
(3) Is the
Attorney General's claim that advice to Parliament about the method by
which the government's officers have undertaken that process is subject
to legal professional privilege supported by legal advice to that effect; and,
if so, from whom and when was it sought and obtained?
(4) If it is the
case that the objective information as to the process is subject to legal
professional privilege, why will the Attorney General not, in the interests of
transparency and accountability, waive privilege to the extent necessary to
reassure the Parliament?
AnswerView source ↗
I thank the honourable member for
some notice of the question. Due to the short time frame and the detail
required, the Attorney General requests that this question be put on notice.
Several members interjected.
The PRESIDENT : Hon
Donna Faragher.
Hon DONNA FARAGHER : Thank
you, Madam President.
Several members interjected.
The PRESIDENT : Order! I know
there is usually a bit of overflow, but it is really hard for Hon Donna
Faragher to kick off her question sometimes when there are so many boisterous
male voices erupting around her.
Hon DONNA FARAGHER : I will
become more boisterous as well, Madam President.
The PRESIDENT : I look
forward to that.
some notice of the question. Due to the short time frame and the detail
required, the Attorney General requests that this question be put on notice.
Several members interjected.
The PRESIDENT : Hon
Donna Faragher.
Hon DONNA FARAGHER : Thank
you, Madam President.
Several members interjected.
The PRESIDENT : Order! I know
there is usually a bit of overflow, but it is really hard for Hon Donna
Faragher to kick off her question sometimes when there are so many boisterous
male voices erupting around her.
Hon DONNA FARAGHER : I will
become more boisterous as well, Madam President.
The PRESIDENT : I look
forward to that.
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