Page 2760 - Week 09 - Thursday, 25 August 1994
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ATTORNEY-GENERAL
LEGISLATIVE ASSEMBLY QUESTION
QUESTION NO. 1322
Restraining Order Applications
MR CORNWELL - Asked the Attorney-General - In relation to restraining orders lodged Wednesday 15 June 1994 -
(1) How many were there?
(2) What were the ages of the applicants?
(3) How many of those applicants did or will receive free legal aid
with regard to those applications?
(4) Without identifying any person involved, what were the reasons
given on those applications for restraining orders?
(5) Did anyone, either court staff or otherwise (for example from a
community group) assist the applicants with filling out forms?
MR CONNOLLY: The answer to the members question is as follows:
(1) There were three applications.
(2) - (5) The member has ostensibly sought general information but has
related that request to a particular day on which, as the answer to Question 1
indicates, there were only three applications. In relation to the remainder of the
questions it should be noted that section 206P of the Magistrates Court Act 1930
prohibits publication of restraining order proceedings if the publication
identifies either a party to the proceedings, a witness, someone associated with
a party to the proceedings or concerned in the matter to which the proceedings
relate. Section 92 of the Legal Aid Act 1977 prohibits officers and
Commissioners and others associated with the Legal Aid Commission from
divulging information concerning the affairs of another person acquired by
reason of their office or employment or in performance of their functions under
that Act. Breaches of these prohibitions are criminal offences.
Over and above the statutory requirements there are privacy concerns about disclosing the information sought. Given the small number of applications on that day and the specific nature of the question asked by the member it appears that he already has some knowledge or suspicions about the applicants. I also have reservations as to the extent to which it is appropriate for me, as AttorneyGeneral, to be answering questions concerning civil proceedings before a Court, which relate solely to the particular circumstances of those cases and the manner in which the parties developed and presented their cases.
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