Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-07-29 Daily Xml

Contents

BURNSIDE COUNCIL

The Hon. S.G. WADE (14:25): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question in relation to Burnside council.

Leave granted.

The Hon. S.G. WADE: On Wednesday 27 July, the minister, in response to a question from the Hon. Ann Bressington in relation to the Borick advice, said:

I rely on crown law's legal advice in matters like this. I understand that the honourable member has sought her own legal advice, but that does not undermine my confidence in the Crown Solicitor's department.

I ask the minister:

1. Did the minister receive legal advice from the Crown Solicitor's Office before his ministerial statement on 6 July 2011?

2. Did any legal advice received prior to 6 July 2011 address the issue of whether he had the legal authority to terminate the investigation under section 272 of the Local Government Act?

3. Has the minister sought legal advice on the legal opinion provided to the Hon. Ann Bressington by Mr Kevin Borick QC which concluded that the minister does not have the legal power to terminate a section 272 investigation?

4. If the advice on Mr Borick's opinion has been received, what is the conclusion of that advice?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:26): Every decision I have made has been based on advice, including legal advice. I have not, at any stage, sought legal advice on the advice given to the Hon. Ms Bressington. I do not need to. I have full confidence in the crown law office, so I see no need. My advice is: what I have done is correct. That is my advice.