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senate vote 2016-11-09#2
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mackay staff
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2016-11-19 07:13:14
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Title
Documents — Day, Mr Bob, Ao; Order for the Production of Documents- Documents - Day, Mr Bob, AO - Order for the Production of Documents
Description
<p class="speaker">Anne Urquhart</p><p>At the request of Senator Wong, I move:</p><p class="italic">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.</p>- The majority voted in favour of [motion](http://www.openaustralia.org.au/senate/?id=2016-11-09.194.2) that asked for certain documents be given to the Senate. The motion was introduced by Tasmanian Labor Senator [Anne Urquhart](https://theyvoteforyou.org.au/people/senate/tasmania/anne_urquhart).
- This type of motion is known as an [Order for the Production of Documents](http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12) and is -
- > *one of the most significant powers available to a legislature to enable it to carry out its functions of scrutinising legislation and the performance of the executive arm of government*
- Read more in this [brief guide](http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_12).
- ### Motion text
- > *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](https://theyvoteforyou.org.au/people/senate/sa/bob_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](https://theyvoteforyou.org.au/people/senate/victoria/scott_ryan)) and the Minister for Finance ([Senator Cormann](https://theyvoteforyou.org.au/people/senate/wa/mathias_cormann)), and provided by David Jackson QC, and any related documents that have not already been laid on the table.*
<p class="speaker">James McGrath</p><p>I seek leave to make a short statement.</p> <p class="speaker">Stephen Parry</p><p>Leave is granted.</p> <p class="speaker">James McGrath</p><p>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.</p> <p class="speaker">Stephen Parry</p><p>The question is that notice of motion No. 98 moved by Senator Urquhart be agreed to.</p>
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