Legislative Council: Thursday, May 05, 2022


Member for Bragg, Speaker's Statement

The Hon. H.M. GIROLAMO (15:17): I seek leave to make a brief explanation before asking the Attorney-General a question regarding section 30 of the constitution.

Leave granted.

The Hon. H.M. GIROLAMO: On Tuesday, in the other place, documents were tabled in relation to a dispute between the Speaker of the house and the member for Bragg on the interpretation of section 30 of the constitution. I note that the minute containing advice from the Crown Solicitor's office is addressed to the Attorney-General with transmission to the Clerk of the House of Assembly. My questions to the Attorney-General are:

1. When did the Attorney-General first advise of the Speaker's consideration of the letter dated 26 April 2022 from the Hon. Vickie Chapman to the Speaker?

2. Did the Speaker consult with the Attorney-General in respect of the consideration of the member's 26 April letter?

3. Did the Attorney-General authorise the provision of the Speaker of the Crown for the purposes of his consideration of that letter?

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector) (15:18): I thank the honourable member for her question. As I understand the convention, a Speaker or a President can seek legal advice and, as I understand the convention, it is the Clerk of the chamber who seeks that advice and seeks it from the Crown. The advice is provided through the Attorney-General back to the Clerk of the relevant chamber to the Presiding Officer. I understand the advice that would have come through my office would have been provided almost instantaneously back to the Clerk of the lower house.