Senate debates

Wednesday, 30 November 2016

Documents

Attorney-General; Order for the Production of Documents

3:49 pm

Photo of Anne UrquhartAnne Urquhart (Tasmania, Australian Labor Party) Share this | | Hansard source

At the request of Senator Watt, I move:

That—

(a) the following documents relating to the Bell Group liquidation and the Western Australian Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) legislation be provided to the Legal and Constitutional Affairs References Committee by the Attorney-General:

  (i) correspondence, including but not limited to, briefings, letters, memoranda and aides memoire between the Attorney-General and:

(A) the Treasurer of Western Australia,

(B) the Attorney-General of Western Australia, and

(C) the Solicitor-General,

  (ii) any file notes held of any meetings between the Attorney-General and:

(A) the Treasurer of Western Australia,

(B) the Attorney-General of Western Australia, and

(C) the Solicitor-General,

  (iii) briefings to the Attorney-General from the Solicitor-General, Australian Government Solicitor and Attorney-General's Department, and

  (iv) correspondence between the Australian Government Solicitor and the Attorney-General's Department and the Western Australian Department of the Attorney-General, or the Western Australian State Solicitor's Office;

(b) the time frame for the documents covered by this motion is 1 November 2015 to 30 March 2016; and

(c) the documents be provided by no later than 14 December 2016.

3:50 pm

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of James McGrathJames McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | | Hansard source

The government opposes the motion. The terms of the motion are extremely broad. It requires the production of several categories of documents from a number of different sources, including the Attorney-General, the Attorney-General's Department and the Australian Government Solicitor. The motion covers a period of time of some six months. Taken with the other issue, the scope of the motion can only be described as oppressive. The motion also covers documents which would undoubtedly be subject to legal professional privilege. It has long been the practice of governments of both political persuasions not to release legal advice or documents that are the subject of legal professional privilege. There are good reasons for that practice, and this motion proposes to disturb it.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

The question is that the motion No. 151 moved by Senator Watt be agreed to.