The Legislative Council has the power to order the production of state papers by the Executive Government. The basis of this power is the common law principle that the Houses of Parliament possess such inherent powers as are reasonably necessary for their effective functioning.
Procedures for the production of state papers
Any member of the House may propose a motion for an order for papers. If the House agrees to the motion, the Secretary of The Cabinet Office is advised of the order and coordinates the preparation of the papers – that is, the return to order. Returns can range from a single document to hundreds of boxes of documents.
The return to order may contain public documents, privileged documents, and documents containing personal information but not otherwise subject to a claim of privilege. Privileged documents and documents containing personal information are available only to members of the Legislative Council.
Claims of privilege
Any member may question whether the privileged documents should made public. The rules of the House provide a mechanism for an independent legal arbiter to recommend whether the documents should remain privileged or become public. It is ultimately for the House to determine.
Redaction of personal informationAny member may request that copies of documents subject to a claim of personal information be produced with the personal information redacted. The rules of the House require that the redacted copies be supplied within 7 calendar days of the request being communicated to The Cabinet Office. The redacted copies are public documents which may be viewed by anyone.
