❓ Mr. Love questions the Attorney General regarding the legal advice underpinning the WA government's reversal of the Aboriginal Cultural Heritage Act, seeking transparency and clarification on cost figures cited by the Attorney General. The Speaker rules the question is misdirected and should be addressed to the Minister for Aboriginal Affairs or the Premier.
AnsweredQoN 527Legislative Assembly
QuestionView source ↗
ABORIGINAL CULTURAL
HERITAGE ACT — LEGAL ADVICE
527. Mr R.S. LOVE to the Attorney General:
Before I ask a question to the
Attorney General, I would like to say well done to the Matildas. They may not
have won the match, but they certainly won the hearts of all Australians, so
well done.
Members : Hear, hear!
Mr R.S. LOVE : My question is to the Attorney General.
I refer to the Western Australian Labor government's backflip on the
Aboriginal Cultural Heritage Act, which was seemingly underpinned by legal
advice, which the Premier refused to table or even elaborate on.
(1) Given the
significance of this backflip and its impact upon the communities and
industries that are scrambling to prepare
for a system that will now not exist, will the Attorney General table a summary
of the legal advice received to restore some confidence in his
government's handling of this?
(2) Noting that the Attorney General has made
reference in this place to figures of $40 000 to $50 000 in costs to
landowners to comply with the former Aboriginal Cultural Heritage Act, will he
clarify where that figure originated and table the source document?
HERITAGE ACT — LEGAL ADVICE
527. Mr R.S. LOVE to the Attorney General:
Before I ask a question to the
Attorney General, I would like to say well done to the Matildas. They may not
have won the match, but they certainly won the hearts of all Australians, so
well done.
Members : Hear, hear!
Mr R.S. LOVE : My question is to the Attorney General.
I refer to the Western Australian Labor government's backflip on the
Aboriginal Cultural Heritage Act, which was seemingly underpinned by legal
advice, which the Premier refused to table or even elaborate on.
(1) Given the
significance of this backflip and its impact upon the communities and
industries that are scrambling to prepare
for a system that will now not exist, will the Attorney General table a summary
of the legal advice received to restore some confidence in his
government's handling of this?
(2) Noting that the Attorney General has made
reference in this place to figures of $40 000 to $50 000 in costs to
landowners to comply with the former Aboriginal Cultural Heritage Act, will he
clarify where that figure originated and table the source document?
AnswerView source ↗
I just draw your attention, Madam
Speaker, to the standing orders. Neither the Aboriginal Cultural Heritage Act
nor the Aboriginal Heritage Act fall within my basket of portfolio responsibilities,
and the question should be properly addressed to the minister.
The
SPEAKER : Yes. In substantial part,
you do have an appropriate point in raising the standing orders; they are the
portfolio matters of the Minister for Aboriginal Affairs. I understand that the
Leader of the Opposition was asking about State Solicitor's advice, and
I think that was his link in to asking the Attorney General a question. When
asking those questions about finance, I think they are probably more
appropriately addressed to the Minister for Aboriginal Affairs. Of course,
under another of the standing orders, you cannot ask for legal advice. On
whether the government will table the legal advice or not, as you have
correctly alluded to, Leader of the Opposition, the Premier has made it clear
that the government will not be tabling that advice. I am happy to hear further
on that point of order; otherwise, I will take the next question.
Mr R.S. LOVE : Thank you. The
Attorney General is the principal legal officer for the government and he has certainly been referred to as being a key part of
the decision, so his advice was sought. I am simply asking about his role as has been outlined by the Premier in this
place and in the press. Further, the reference to the $40 000 to $50 000 cost
is a direct response to a matter he raised when speaking as Attorney General,
or as Minister for Electoral Affairs, actually, so quite wideranging,
but he himself has raised that issue in this place and put forward that amount
of money. I am simply asking where that came from.
The SPEAKER : I would also
point out by way of clarification that the Premier, other ministers, department
heads and potentially others are at liberty
to seek advice from the State Solicitor's Office without the permission
or authority of the Attorney General
as such. I do not think that you have addressed your question to the right
person. Potentially , the right person for your question is either the
Indigenous affairs minister, or, as you have asked questions on this
previously, the Premier, who is responsible across the whole of government. As
you are aware, he has been in Brisbane for the national cabinet meeting.
Maybe at the end of question time,
if we have time, I will give the opposition another question, since that one,
in substance, is not being allowed.
I call the member for Carine with
the next question.
Speaker, to the standing orders. Neither the Aboriginal Cultural Heritage Act
nor the Aboriginal Heritage Act fall within my basket of portfolio responsibilities,
and the question should be properly addressed to the minister.
The
SPEAKER : Yes. In substantial part,
you do have an appropriate point in raising the standing orders; they are the
portfolio matters of the Minister for Aboriginal Affairs. I understand that the
Leader of the Opposition was asking about State Solicitor's advice, and
I think that was his link in to asking the Attorney General a question. When
asking those questions about finance, I think they are probably more
appropriately addressed to the Minister for Aboriginal Affairs. Of course,
under another of the standing orders, you cannot ask for legal advice. On
whether the government will table the legal advice or not, as you have
correctly alluded to, Leader of the Opposition, the Premier has made it clear
that the government will not be tabling that advice. I am happy to hear further
on that point of order; otherwise, I will take the next question.
Mr R.S. LOVE : Thank you. The
Attorney General is the principal legal officer for the government and he has certainly been referred to as being a key part of
the decision, so his advice was sought. I am simply asking about his role as has been outlined by the Premier in this
place and in the press. Further, the reference to the $40 000 to $50 000 cost
is a direct response to a matter he raised when speaking as Attorney General,
or as Minister for Electoral Affairs, actually, so quite wideranging,
but he himself has raised that issue in this place and put forward that amount
of money. I am simply asking where that came from.
The SPEAKER : I would also
point out by way of clarification that the Premier, other ministers, department
heads and potentially others are at liberty
to seek advice from the State Solicitor's Office without the permission
or authority of the Attorney General
as such. I do not think that you have addressed your question to the right
person. Potentially , the right person for your question is either the
Indigenous affairs minister, or, as you have asked questions on this
previously, the Premier, who is responsible across the whole of government. As
you are aware, he has been in Brisbane for the national cabinet meeting.
Maybe at the end of question time,
if we have time, I will give the opposition another question, since that one,
in substance, is not being allowed.
I call the member for Carine with
the next question.
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