Chris Bowen (Prospect, Australian Labor Party, Shadow Assistant Treasurer) Share this | Hansard source

Mr Speaker, my question relates to your ruling during question time that the interpretation of the Privacy Act was not seeking a legal opinion. As I brought to your attention earlier, page 543 of House of Representatives Practice states:

Legal opinions, such as the interpretation of a statute ... should not be sought in questions.

Could I also bring your attention to the fact that House of Representatives Practice goes on to approvingly cite Speaker Morrison of the House of Commons, who said:

A Question asking a Minister to interpret the domestic law offends against the rule of Ministerial responsibility, since such interpretation is not the responsibility of a Minister ... But it also offends against the rule that a Question may not ask for a Minister’s opinion.

Mr Speaker, could I ask you to reflect on whether your ruling during question time overturns that longstanding precedent? And, for the benefit of the House, when is interpreting a statute a legal opinion and when is it not?

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