❓ Question on Notice regarding the Department for Child Protection's (DCP) jurisdiction to intervene in the wellbeing of unaccompanied child asylum seekers detained and scheduled for deportation to Malaysia. The Minister's response invokes legal professional privilege and asserts Commonwealth responsibility.
AnsweredQoN 557Legislative Council
QuestionView source ↗
ASYLUM SEEKERS — UNACCOMPANIED CHILD DETAINEES
I refer to the response to answer to question without notice 534 of 9 August 2011, and the claim that the Department for Child Protection has no jurisdiction to intervene in relation to concerns surrounding the wellbeing of unaccompanied child detainees scheduled for deportation to Malaysia. (1) Has the minister sought advice from the State Solicitor’s Office as to whether the DCP has the power to intervene? (2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY
I refer to the response to answer to question without notice 534 of 9 August 2011, and the claim that the Department for Child Protection has no jurisdiction to intervene in relation to concerns surrounding the wellbeing of unaccompanied child detainees scheduled for deportation to Malaysia. (1) Has the minister sought advice from the State Solicitor’s Office as to whether the DCP has the power to intervene? (2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY
AnswerView source ↗
I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(1) Has the minister sought advice from the State Solicitor’s Office as to whether the DCP has the power to intervene? (2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : — so therefore there is no point of order.
(1) Has the minister sought advice from the State Solicitor’s Office as to whether the DCP has the power to intervene? (2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(2) Has the minister received advice from the State Solicitor’s Office confirming that the DCP has no power to intervene? (3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(3) If the answer to (1) is no, will the minister seek advice from the State Solicitor’s Office as a matter of urgency as to whether the DCP has the power to intervene? (4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(4) If no to (3), why not? (5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(5) If it is determined that the DCP does have the authority to intervene, will the minister be taking action as per section 28 of the Children and Community Services Act? (6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(6) Can the minister advise which jurisdiction and department has responsibility for child protection matters at Christmas Island? Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY replied: I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
I thank the honourable member for some notice of this question. (1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(1) No, but there have been communications between the Department for Child Protection and the State Solicitor’s Office regarding children in detention on Christmas Island. (2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(2)–(5) It would not be appropriate to respond to a question about legal advice, in accordance with standing order 140(b)(i) of the Legislative Council’s standing orders. Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : I’m not asking for legal advice. Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : It would also not be appropriate to comment on the content of these communications as they attract legal professional privilege and are confidential. Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : I didn’t ask for the legal advice. Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : However, as I responded yesterday, I understand that the responsibility for the wellbeing of children in detention on Christmas Island lies with the commonwealth government. I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
I continue — (6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
(6) The Christmas Island Act 1958, which is administered by the commonwealth Department for Regional Australia, Regional Development and Local Government, on behalf of the Minister for Regional Australia, provides the territory’s administrative, legislative and judicial system. That commonwealth minister is responsible for state-level services in the territory. Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Now, as I said yesterday, the Greens and the federal Labor government are in coalition. Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : The Greens have had nothing to do with this so-called Malaysian solution, and you know it! Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Several members interjected. The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Order! Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : The Greens can make deals with the federal Labor government — Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It hasn’t come to the federal Parliament; if it did, the Greens would absolutely be voting against it! Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : — depending on what policy — The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Order! Order, members! Look, let the minister finish her answer, which should be directed through the Chair. Members know that if you want a debate subsequently on an issue like this, then there is a procedure in the house to do that. Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ROBYN McSWEENEY : Thank you, Mr President; I think I have said all I need to say. The commonwealth has jurisdiction. Point of Order Hon ALISON XAMON : The minister, in the answer to her question, implied that I had actually sought legal advice — Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Robyn McSweeney : No, I didn’t. Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon ALISON XAMON : — or had requested that the legal advice be tabled. That was not actually the nature of the question. I note that the minister referred to a standing order as being the reason the question could not be asked. I seek a ruling on that, because I did not actually ask to see any legal advice, and I did not ask for legal advice. Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Robyn McSweeney : The first question was. The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : I referred to this standing order yesterday when your question was asked yesterday. Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It was a different issue. The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : Let me explain. Any minister can take account of whether the question is seeking an opinion or whether it is seeking a legal opinion. However you phrased your question, the answer may be bound up in a legal opinion—I do not know — Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It’s not. The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : — but that is a possibility. If that is the case, the minister has the option to not provide that — Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
Hon Alison Xamon : It’s not. The PRESIDENT : — so therefore there is no point of order.
The PRESIDENT : — so therefore there is no point of order.
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