Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

At the request of Senator Wong, I move:

That there be laid on the table by the Attorney-General, by no later than 9.30 am on Wednesday, 9 November 2016, the legal advice provided to the Government in relation to the eligibility of former Senator Day to be elected as a senator for South Australia, as referred to in the Senate on Monday, 7 November 2016 by the Special Minister of State (Senator Ryan) and the Minister for Finance (Senator Cormann), and provided by David Jackson QC, and any related documents that have not already been laid on the table.

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

I seek leave to make a short statement.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted.

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

It has been the longstanding practice of successive Australian governments not to disclose privileged legal advice. The practice was outlined by former Labor Senator the Hon. Joe Ludwig to the Legal and Constitutional Affairs Legislation Committee during estimates on 26 May 2011 where he said, 'To the extent that we are now going to the content of the advice, can I say that it has been a long-standing practice of both this government and previous governments not to disclose the content of advice.' This government maintains that it is not in the public interest to depart from the established position which has been maintained over many years by successive governments.

Stephen Parry (President) Share this | Link to this | Hansard source

The question is that notice of motion No. 98 moved by Senator Urquhart be agreed to.