A parliamentary question seeks disclosure of legal advice related to the Aboriginal Cultural Heritage Act backflip and associated costs to landowners. The Minister declines to provide the advice, citing cabinet confidentiality and precedent.

AnsweredQoN 538Legislative Assembly
Asked
17 August 2023
Portfolio
Aboriginal Affairs

QuestionView source ↗

ABORIGINAL CULTURAL
HERITAGE ACT — LEGAL ADVICE
538. Mr R.S. LOVE to the Minister for Aboriginal Affairs:
I refer to the legal advice provided
by the State Solicitor's Office that underpinned the backflip on the
Aboriginal Cultural Heritage Act.
(1) Did the minister receive a copy of that advice;
and, if so, at what stage in the decision to backflip was it received?
(2) Did the
minister receive any advice with reference to costs to landowners of $40 000 to
$50 000 to comply with the failed legislation, as outlined by the Attorney General
in this place last Wednesday?

AnswerView source ↗

(1)–(2) With
regard to legal advice, I do not think that would have anything to do with
costs to landowners, so I will leave that aside. With regard to when I received
advice, what part and when I used that as part of the formation of the decision
is something that cabinet and I decided and we are not going to disclose it. That legal advice will not be tabled, as is the
normal precedent with regard to legal advice. As I am sure the member
will know, when his side was in government, it did not table legal advice. It
is not good practice and he will understand that one day, maybe.

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