Relying on the inherent common law powers of the Parliament, the NSW Court of Appeal held that the Legislative Council has the power to order the production of documents by a member of that House, even when that member is a minister of the executive government. This finding was achieved: first, by reference to the status the NSW Parliament enjoys, subsequent to the Australia Acts 1986, as part of a sovereign, independent and federal nation; and, secondly, by defining the function of scrutinising the workings of the executive arm of government as part of the 'necessary' powers of the Legislative Council.
