(1)      Notes that on 22 October 2025 the Legislative Council made an order for papers relating to virtual fencing, including legislation on virtual fencing, which included documents held by government agencies that relate to the business and conduct of proceedings in the Legislative Assembly and its committees.

(2)      Notes that, consistent with the approach taken in relation to the Legislative Council's order for papers of 25 June concerning workers compensation legislation, documents relating to the business and conduct of proceedings of the Legislative Assembly, including the operations of  its committees, were not provided to the Legislative Council but instead provided to the Clerk on a confidential basis. Members have been permitted to inspect documents relating to themselves.

(3)      Asserts that production of the documents would undermine the independence of the Legislative Assembly by intruding on the conduct of its proceedings  and the performance of its functions, which is inconsistent with the principles of representative and responsible government, and exclusive cognisance over its own affairs.

(4)      Directs that those documents relevant to Members and the proceedings and operations of this House, provided to the Clerk by the Cabinet Office, not be produced.

(5)      Sends a message to the Legislative Council forwarding the terms of this resolution. 

Ms Boyd moved: 

(1) That the Interim report of the Independent Legal Arbiter entitled "Disputed Claim of Privilege—Use of ports in Port Kembla or Newcastle by the military or defence industry", dated 25 March 2026, together with submissions, be laid upon the table by the Clerk. 

(2) That, on tabling, the report and submissions, excluding attachments, are authorised to be published.