Legislative Council Standing Orders - Chapter 11

CHAPTER 11 - PRODUCTION OF DOCUMENTS

 

11.01    Order for the production of documents

(1)     The Council may order documents to be tabled in the Council.

(2)     The Clerk is to communicate to the Secretary, Department of Premier and Cabinet, all orders for documents made by the Council.

(3)     An order for the production of documents must specify the date by when the documents must be provided.

 

11.02    Tabling of documents provided in accordance with an order for the production of documents

(1)     Documents provided in response to an order under Standing Order 11.01 will be delivered to the Clerk of the Council.

(2)     Upon receipt, such documents will be laid on the Table by the Clerk at the earliest opportunity.

(3)     A return under this Standing Order is to include an indexed list of all documents tabled, showing the date of creation of the document, a description of the document and the author of the document.

(4)     If the Council is not sitting on the date specified in the resolution of the Council under Standing Order 11.01(3), the documents may be lodged with the Clerk, and unless Executive privilege is claimed, are deemed to have been presented to the Council and published by authority of the Council.

(5)     Documents lodged under Standing Order 11.02(4) must be laid on the Table by the Clerk on the next sitting day of the Council.

 

11.03    Documents claiming Executive privilege

(1)     Where a document is claimed to be covered by Executive privilege —

         (a)   a return is to be prepared showing the date of creation of the document, a description of the document, the author of the document and reasons for the claim of Executive privilege; and

         (b)   the documents are to be delivered to the Clerk by the date and time required in the resolution of the Council and —

                (i)   made available only to the mover of the motion for the order; and

               (ii)   must not be published or copied without an order of the Council.

(2)     The mover of the motion for the order may notify the Clerk, in writing, disputing the validity of the claim of Executive privilege in relation to a particular document or documents. On receipt of such notification, the Clerk is authorised to release
the disputed document or documents to an independent legal arbiter, for evaluation and report within seven calendar days as to the validity of the claim.

  

11.04    Appointment of independent legal arbiter

An independent legal arbiter required in accordance with Standing Order 11.03(2) is to be appointed by the President and must be a Queen’s Counsel, a Senior Counsel or a retired Supreme Court Judge.

 

11.05    Report of independent legal arbiter

A report from an independent legal arbiter appointed under Standing Order 11.04 is to be lodged with the Clerk and —

(a)   made available only to members of the Council; and

(b)   must not be published or copied without an order of the Council.


 

11.06    Clerk to maintain register

The Clerk will maintain a register showing the name of any person examining documents tabled under this Standing Order.