A parliamentary question probes the Premier regarding legal advice used to justify the Minister for Environment and Heritage delegating powers for the Coral Coast Marina Development. The Premier confirms prior advice existed but declines to release it, citing already tabled documentation.

AnsweredQoN 1393Legislative Council
Asked
22 October 2003
Portfolio
Leader of the House representing the Premier

QuestionView source ↗

Fourth time lucky today, I hope. I refer the Premier to his answer to question without notice 1298 dated 19 September in which the Premier said he had legal advice confirming the validity of the delegation made by the Minister for the Environment and Heritage to the Premier on matters relating to the Coral Coast Marina Development proposal. (1) Since the Crown Solicitor’s advice released by the Premier is dated 22 September, and given that the advice was in response to discussions that occurred on 19 September, can the Premier indicate what prior advice he was relying on for his answer of 19 September? (2) What was the date of the prior advice? (3) Will the Premier release that advice? Hon KIM CHANCE

AnswerView source ↗

I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(1) Since the Crown Solicitor’s advice released by the Premier is dated 22 September, and given that the advice was in response to discussions that occurred on 19 September, can the Premier indicate what prior advice he was relying on for his answer of 19 September? (2) What was the date of the prior advice? (3) Will the Premier release that advice? Hon KIM CHANCE replied : I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(2) What was the date of the prior advice? (3) Will the Premier release that advice? Hon KIM CHANCE replied : I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(3) Will the Premier release that advice? Hon KIM CHANCE replied : I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
Hon KIM CHANCE replied : I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
I thank the member for some notice of the question. I am happy to advise that I now have answers to all the related questions. (1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(1) Prior to the Minister for the Environment and Heritage delegating her decision-making powers to the Premier, the Government obtained legal advice that the minister could validly delegate her powers to another minister. This was subsequently confirmed in verbal advice of 19 September 2003 and in written advice that has been tabled. (2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(2) The date of the initial advice was 3 December 2002. (3) No. Advice has already been tabled that confirms the validity of the delegation.
(3) No. Advice has already been tabled that confirms the validity of the delegation.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more