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

The government opposes the motion. The proposed inquiry by the Legal and Constitutional Affairs References Committee would be a complete waste of the Senate's limited time and resources. Under section 17 of the Legislation Act 2003, the Attorney-General was required to undertake such consultation as he considered appropriate and reasonably practical. Under that provision, it was entirely up to the Attorney-General to decide what form the relevant consultation should take.

The Legal Services Amendment (Solicitor-General Opinions) Direction 2016 deals with the process to be followed in briefing the Solicitor-General to provide an opinion on a question of law under paragraph 12(b) of the Law Officers Act 1964. The Attorney-General has repeatedly made clear that the Solicitor-General was consulted about the process for briefing him and a meeting held on 30 November 2015. Written feedback from the Solicitor-General was sought, received and considered.