Report No. 125 - 146

125. Parliamentary Privilege: Precedents, Procedure and Practice in the Australian Senate 1996-2005 (PP No. 3/2006)

Action: Presented to the President under standing order 38(7) on 19/12/2005 and tabled 7/2/2006 (J.1787)

126. Person referred to in the Senate (Professor Barbara Pocock) (PP No. 41/2006)

Reference: Referred by the President 6/2/2006.
Action: Report tabled and adopted 27/2/2006 (J.1883).
Persons/organisations involved: Senator the Hon. Eric Abetz; Professor Barbara Pocock.
Resumé: On 29 November 2005 during question time in the Senate, Senator Abetz, in his capacity as Minister representing the Minister for Employment and Workplace Relations, claimed that Professor Pocock had misled the parliament and questioned her independence. Professor Pocock responded under Privilege Resolution 5, refuting the claim.
Recommendation: That the response by Professor Barbara Pocock be incorporated in Hansard.

127. Persons referred to in the Senate (Certain persons on behalf of the Exclusive Brethren) (PP No. 122/2006)

Reference: Referred by the President 8/6/2006.
Action: Report tabled and adopted 21/6/5006 (J.2328).
Persons/organisations involved: Senator Bob Brown, Exclusive Brethren, Mr Philip McNaughton, Mr C Warwick John, Mr David W Stewart.
Resumé: On 9 May 2006, Senator Bob Brown gave notice of a motion for the reference of matters relating to certain alleged activities of the Exclusive Brethren to the Community Affairs References Committee. Messrs McNaughton, John and Stewart provided a response, under Privilege Resolution 5, on behalf of the Exclusive Brethren, refuting the imputations contained in the notice of motion.
Recommendation: That the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard.

128. Person referred to in the Senate (Mr Karl J O'Callaghan, APM, Commissioner of the Western Australian Police) (PP No. 155/2006)

Reference: Referred by the President 3/8/2006.
Action: Report tabled and adopted 16/8/2006 (J.2514).
Persons/organisations involved: Senator David Johnston, Mr Karl J O'Callaghan, APM
Resumé: On 14 June 2006, during discussion of matters of public interest in the Senate, Senator Johnston made allegations that certain actions of the Western Australian Police Service and its Commissioner were politically motivated. Mr O'Callaghan made a response under Privilege Resolution 5 refuting the allegations.
Recommendation: That the response by Mr Karl J O'Callaghan, APM, be incorporated in to Hansard.

129. Person referred to in the Senate (Dr Clive Hamilton) (PP No. 388/2006)

Reference: Referred by the President 30/10/2006.
Action: Report tabled and adopted 8/11/2006 (J.3027).
Persons/organisations involved: Senator the Hon. Eric Abetz, Dr Clive Hamilton, the Australia Institute Ltd.
Resumé: On 18 October 2006, during question time in the Senate, Senator Abetz made comments about Dr Hamilton in respect of his credibility as a commentator on drought relief to Australian farmers. Dr Hamilton provided a response under Privilege Resolution 5 refuting the comments.
Recommendation: That the response from Dr Clive Hamilton be incorporated in Hansard.

130. Person referred to in the Senate (Mr Darryl Hockey) (PP No. 131/2007)

Reference: Referred by the President 29/3/2007.
Action: Report tabled and adopted 7/8/2007 (J.4081).
Persons/organisations involved: Senator Glenn Sterle, Mr Darryl Hockey, AWB.
Resumé: On 29 November 2006, during debate on motions to take note of answers to questions in the Senate, Senator Sterle made comments about a number of people named in the Cole royal commission into the Oil for Food Program, including Mr Hockey who provided a response under Privilege Resolution 5 rejecting Senator Sterle's allegations.
Recommendation: That the response by Mr Darryl Hockey be incorporated in to Hansard.

131. Possible false or misleading evidence and improper refusal to provide information to the Finance and Public Administration Committee (PP No. 171/2007)

Reference: President gave precedence to the motion 6/2/2007. Motion moved by Senator Forshaw, also on behalf of Senator Murray, and agreed to 7/2/2007 (J.3382)
Action: Report tabled 11/9/2007 (J.4328); findings endorsed and recommendation agreed to 20/9/2007 (J.4463)
Persons/organisations involved: Senator Michael Forshaw, Senator Andrew Murray, Finance and Public Administration Committee, Mr Greg Maguire, Mr Tony Windsor MP, Australian Electoral Commission.
Resumé: On 10 March 2005, at a hearing of the Finance and Public Administration References Committee on the Regional Partnerships Program, Mr Greg Maguire gave evidence that certain of his companies had provided financial support to Mr Tony Windsor's election campaign and offered to provide the committee with a list of his companies. He failed to do so despite numerous reminders and demands. In the meantime, the Australian Electoral Commission was unable to investigate possible electoral disclosure irregularities because it had no evidence other than evidence protected by parliamentary privilege. The former chair of the committee, Senator, Forshaw, and another member, Senator Murray raised Mr Maguire's conduct as a matter of privilege. Findings: The committee found that there was a refusal to provide information but in view of the repeated refusals to provide that information, the committee was unable to find that false or misleading evidence had been given. The committee was unable to find a contempt against the person who refused to provide information as this would have involved examining a member of the House of Representatives.
Recommendation: That the Senate accept that the matter is not amenable to further pursuit by the exercise of formal inquiry powers.

132. Persons referred to in the Senate (Mr Chalid Muhammad and Mr Nurkholis on behalf of the staff of the Indonesian Forum for Environment) (WALHI) (PP No. 173/2007)

Reference: Referred by the President 10/9/2007.
Action: Report tabled and adopted 17/9/2007 (J.4389).
Persons/organisations involved: Senator Ian Macdonald, Mr Chalid Muhammed, Mr Nurkholis, Indonesian Forum for Environment (WALHI).
Resumé: On 9 August 2007, during general business debate in the Senate, Senator Macdonald made comments connecting WALHI and its members with terrorist organisations. Mr Muhammad and Mr Nurkholis, pursuant to Privilege Resolution 5, provided a response rejecting the association of WALHI and its members with terrorist organisations.
Recommendation: That the response on behalf of WALHI be incorporated in Hansard.

Oral Report – Unauthorised disclosure of committee proceedings (Hansard, 13/9/2007, p.93)

Reference: Matter arising from the 122nd Report.
Resumé: The committee, having kept a watching brief on the operation of the sessional order agreed to on 6/10/2005 relating to procedures for committees in dealing with unauthorised disclosure of their proceedings, and finding it an effective method of addressing the issue, recommended that the sessional order become an order of continuing effect. The chair gave notice of a motion to that effect on 13/9/2007 (J.4369).
Action: Motion agreed to 17/9/2007, (J.4388)

133. Possible false or misleading evidence before the Legal and Constitutional Affairs Committee (PP No. 260/2008)

Reference: President gave precedence to the motion 17/9/2007. Motion moved by Senator Nettle and agreed to 18/9/2007 (J.4415).
Action: Report tabled 15/5/08 (J.427). Motion to endorse findings moved 15/5/08 (J.427). Additional information tabled 26/6/08 (J.662).
Person/organisations involved: Senator Kerry Nettle, Legal and Constitutional Affairs Committee, Mr MJ Keelty APM (Commissioner, Australian Federal Police), Mr Robert Cornall AO (Secretary, Attorney-General's Department), Mr Mamdouh Habib, Australian Security Intelligence Organisation.
Resumé: Over several estimates hearings of the Legal and Constitutional Affairs Committee and its predecessor, from 2004, questions were asked about the government's knowledge of the alleged rendition of Mr Mamdouh Habib from Pakistan to Egypt. Answers given by the heads of ASIO, the AFP and the Attorney-General's Department were apparently inconsistent and Senator Nettle raised this as a matter of privilege.
Findings: The committee concluded that, although in certain respects the evidence of Mr Cornall and Commissioner Keelty was equivocal, it was not in fact misleading given the state of these officers' knowledge at the time and the terms of the relevant questions addressed to them.
Recommendation: That no contempt was committed in this regard.

134. Effective Repetition (PP No. 275/2008)

Action: Report tabled 18/6/08 (J.527).
Recommendation: That the Senate endorse the principles outlined in paragraph 1.18 of the report to guide any amendment of the Parliamentary Privileges Act 1987 to address the issue of effective repetition, adopted 18/6/08 (J.527)

135. Persons referred to in the Senate (Certain persons on behalf of the Exclusive Brethren) (PP No. 338/2008)

Reference: Referred by the President 17/9/2008
Action: Report tabled and adopted 24/9/2008 (J.940).
Persons/organisations involved: Senators Bob Brown and Christine Milne; Mr Doug Burgess, Mr Daniel Hales, Mr Bruce Pridham and Mr David Stewart on behalf of the Exclusive Brethren.
Resumé: On 15 May 2008, Senator Bob Brown gave notice of his intention to move a motion on 26 August 2008 for the reference of matters relating to certain alleged activities of the Exclusive Brethren to the Community Affairs References Committee. The motion was debated on 26, 27 and 28 August 2008. Messrs Burgess, Hales, Pridham and Stewart provided a response, under Privilege Resolution 5, on behalf of the Exclusive Brethren, relating to statements made during the debate.
Recommendation: That the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard.

136. Persons referred to in the Senate (Mr Barry Williams, President of the Lone Fathers Association of Australia Inc.) (PP No.  4/2009)

Reference: Referred by the President 3/2/2009
Action: Report tabled and adopted 10/2/2009 (J.1579).
Persons/organisations involved: Senator Rachel Siewert; Mr Barry Williams; Lone Fathers Association of Australia Inc.
Resumé: On 3 December 2008 Senator Siewert, in asking a question without notice, referred to Mr Williams and the views of the Lone Fathers Association as "anti-gay, anti-women, and domestic violence denial". Mr Williams, President of the Lone Fathers Association, provided a response under Privilege Resolution 5.
Recommendation: That the response by Mr Barry Williams be incorporated in Hansard.

137. Persons referred to in the Senate (Mr Anthony and Mrs Brenda Bird, members of the Exclusive Brethren) (PP No.  5/2009)

Reference: Referred by the President 17/9/2008
Action: Report tabled and adopted 10/2/2009 (J.1579).
Persons/organisations involved: Senator Christine Milne; Senator Bob Brown; Exclusive Brethren; Mrs Brenda Bird; Mr Anthony Bird.
Resumé: On 26, 27 and 28 August 2008 during proceedings in the Senate, Senators Milne and Brown referred to certain practices of members of the Exclusive Brethren. Several members of the Exclusive Brethren sought responses under Privilege Resolution 5. One application was dealt with in the committee's 135th Report. The remaining application, by Mr and Mrs Bird, is the subject of this report.
Recommendation: That the response by Mr and Mrs Bird be incorporated in Hansard.

138. Persons referred to in the Senate (The Medical Copuncil of Tasmania) (PP No. 176/2009)

Reference: Referred by the President 26/8/2009
Action: Report tabled and adopted 14/9/2009 (J.2467).
Persons/organisations involved: Senator Guy Barnett; Dr Peter T. Sexton, President of the Medical Council of Tasmania.
Resumé: On 1 August 2009 during proceedings in the Senate, Senator Barnett referred to the treatment of a particular medial practitioner by the Medical Council of Tasmania. President of the Council, Dr Peter Sexton,provided a response which although it did not explicitly mention Privilege Resolution 5, was accepted as a submission for that purpose.
Recommendation: That the response by Dr Peter T. Sexton be incorporated in Hansard.

139. Persons referred to in the Senate (Mr Alan Cummine) (PP No. 192/2009)

Reference: Referred by the President 16/10/2009
Action: Report tabled and adopted 26/10/2009 (J.2579).
Persons/organisations involved: Senator Christine Milne; Mr Alan Cummine.
Resumé: On 10 September 2009, during proceedings in the Senate, Senator Milne referred to former government advisers who now worked for non-government organisations as being part of a "greenhouse mafia", including Mr Alan Cummine. Mr Cummine provided a response under Privilege Resolution 5.
Recommendation: That the response by Mr Alan Cummine be incorporated in Hansard.

140. Persons referred to in the Senate (Mr Richard Stanton) (PP No.301/2009)

Reference: Referred by the President 16/10/2009
Action: Report tabled and adopted 29/10/2009 (J.2693).
Persons/organisations involved: Senator Christine Milne; Mr Alan Cummine.
Resumé: On 10 September 2009, during proceedings in the Senate, Senator Milne referred to former government advisers who now worked for non-government organisations as being part of a "greenhouse mafia", including Mr Richard Stanton. Mr Stanton provided a response under Privilege Resolution 5.
Recommendation: That the response by Mr Richard Stanton be incorporated in Hansard.

141. Possible interference with, or imposition of  a penalty on, a witness before the Legal and Constitutional Affairs References Committee (PP No. 318/2009)

Reference: President gave precedence to the motion 9/9/2009. Motion moved by the Chair of the Legal and Constitutional Affairs References Committee (Senator Barnett) and agreed to 10/9/2009 (J.2444).
Action: Report tabled 23/11/2009 (J.2817); Motion to endorse finding and refer a matter to the Chairs' Committee agreed to 4/2/2010 (J.3153-4).
Persons/organisations involved: Legal and Constitutional Affairs References Committee, Ms Rowena Puertollano, Aboriginal Legal Service of Western Australia Inc. (ALSWA), Mr Dennis Eggington, Ms Katrina Carlisle, Broome Family Violence Prevention Legal Services (FVPLS.
Resumé: Ms Rowena Puertollano, Coordinator of the Broome FVPLS, made a submission to the Legal and Constitutional Affairs References Committee's inquiry into access to justice. Her supervisor, Ms Katrina Carlisle, having consulted with her employer, the ALSWA, issued Ms Puertollano with a written warning for serious misconduct. The references committee wrote to the CEO of the ALSWA, Mr Dennis Eggington warning that this action was a potential contempt and requesting that the written warning be withdrawn. It was, but the references committee was not satisfied with Mr Eggington's response and reported the matter to the Senate before initiating a referral to the Privileges Committee.
Findings:  The issuing of a warning letter to Ms Puertollano by the ALSWA was a direct consequence of her evidence to the references committee but there was no evidence of any culpable intention on the part of ALSWA to interfere with the references committee's inquiry. In the circumstances, no contempt should be found.
Recommendation: That the Senate endorse the finding that no contempt should be found, and that the Chairs' Committee consider the adequacy of information provided to witnesses on the subject of possible intimidation or imposition of a penalty in consequence of a witness's evidence to a Senate committee.

142. Matters arising from the Economics Legislation Committee Hearing on 19 June 2009 (referred 24 June and 12 August 2009) (PP No.396/2009)

References:
(1) Possible adverse action taken against Mr Godwin Grech in consequence of his evidence to the Economics Legislation Committee – President gave precedence on 23/6/2009, motion moved by Senator Heffernan and agreed to 24/6/2009 (J.2173).
(2) Possible false or misleading evidence given to the Economics Legislation Committee or possible improper interference with the hearing – President gave precedence on 11/8/2009, motion moved by Senator Evans and agreed to on 12/8/2009 (J.2279)
Action: Report tabled 25/11/2009 (J.2873). Motion to endorse findings and refer matters for the consideration of the President and the Chairs' Committee still before the Senate.
Persons/organisations involved: Economics Legislation Committee, Senator Annette Hurley, Senator Eric Abetz, Mr Malcolm Turnbull MP, Mr Godwin Grech, Department of the Treasury, Mr David Martine, Mr Jim Murphy, Dr Ken Henry, Australian Federal Police, Mr Roger Wilkins, Mr Terry Moran, Federal Parliamentary Press Gallery.
Resumé: At a hearing of the Economics Legislation Committee on 19 June 2009 on the OzCar Bill, Mr Godwin Grech claimed to have seen a short email from the Prime Minister's office seeking assistance under the OzCar Scheme for a car dealer in the Prime Minister's electorate. The claim had been denied by the Prime Minister and Treasurer. Extensive searches for the email had failed to locate it. At and after the hearing Mr Grech was mobbed by the press. The terms of the alleged email were published the following day and an inquiry by the AFP commenced. The AFP discovered the email when executing a search warrant at Mr Grech's home and he admitted that he had recreated the email from a recollection he believed he had of it. Mr Grech admitted himself to a psychiatric facility and remained there throughout the inquiry. Treasury department discovered more incriminating material on his computer account and commenced disciplinary proceedings. On the day the Auditor-General reported on the administration of the OzCar scheme Mr Grech revealed to the press that he had met with Senator Abetz and Mr Turnbull before the hearing and had come under pressure because he wanted to prevent any Opposition delay to the bill. Mr Turnbull and Senator Abetz disputed his account.
Findings:
(1)  Possible adverse action against Mr Grech.
Media harassment
• At the conclusion of the hearing on 19 June 2009, members of the Press Gallery, particularly camera operators and photographers, flagrantly breached the Presiding Officers' Guidelines for filming and photography in Parliament House by continuing to film after the adjournment of the hearing and by filming Mr Grech and Mr Martine as they left the building.
• Although the televising of the hearing was duly authorised, the Senate Economics Legislation Committee did not apply the relevant Senate broadcasting resolutions to control the activities of the media present in the hearing room during the hearing.
• Mr Grech (and Mr Martine) was subject to undue pressure from the media during and after the hearing, but there is evidence that Mr Grech invited media attention by his provision of material to a journalist for the purpose of pre-hearing publicity. Mr Grech did not seek the protection of the committee from the media.
• The media attention was a direct consequence of Mr Grech's evidence to the committee.
• There is no evidence that, in their zealousness, camera operators and photographers intended any harm to Mr Grech or to the operations of the committee and therefore no contempt was committed. However, the conduct of the media at and after the hearing was excessive, inappropriate and in contravention of the rules.
The AFP inquiry
• The AFP inquiry was initiated by the Secretary of the Attorney-General's Department after consultations with the Attorney-General and following an approach from the Secretary of the Department of the Prime Minister and Cabinet.
• The Secretary of the Department of the Prime Minister and Cabinet asked the Secretary of the Attorney-General's Department to examine possible criminal offences and take the necessary action after extensive searches of the relevant departments' IT systems had failed to locate the alleged email and the conclusion was drawn that the email was false.
• In initiating the action which led to the referral of matters to the AFP, the Secretary of the Department of the Prime Minister and Cabinet believed that Mr Grech may have been a victim of the false email. This aspect of the referral was therefore not an action adverse to Mr Grech.
• Further matters referred to the AFP by the Secretary to the Treasury were in consequence of the discovery on Mr Grech's computer of documents indicating possible wrongdoing by him, the search having been initiated by Dr Henry because of concern about the source of material published by journalist, Steve Lewis. This aspect of the referral was an action adverse to Mr Grech.
• The initiation of the AFP inquiry was not primarily motivated by Mr Grech's evidence to the committee.
Disciplinary action by Treasury
• Disciplinary action against Mr Grech was initiated after the discovery on his computer system of incriminating material that suggested that he had breached the Public Service Code of Conduct.
• The search of Mr Grech's computer system was initiated by the Secretary to the Treasury because of concern about the source of material published by journalist, Steve Lewis.
• The initiation of disciplinary action was an adverse action.
• The initiation of disciplinary action was not a direct consequence of Mr Grech's evidence to the committee.
• In the immediate aftermath of the hearing senior Treasury officers took all reasonable steps to comfort Mr Grech and provide for his welfare.
'Backgrounding' of the media
The committee was unable to discover any evidence of 'backgrounding' of the media.
(2)Possible false or misleading evidence or improper interference.
False or misleading evidence by reference to a document later admitted to be false
• There is evidence that the Economics Legislation Committee was misled by the references to a document later admitted to be false.
• Senator Abetz did not give false or misleading evidence to, or cause any improper interference with, the hearing of the Economics Legislation Committee. He did not know at the time that it was a false document. The committee does not dispute that Senator Abetz was acting in good faith in using material supplied by a source he did not doubt.
• Mr Stansfield was unaware that the email was false until it was revealed to be so by the AFP's press release.
• Mr Godwin Grech provided false information to his Treasury colleagues on several documented occasions.
• There are discrepancies between the accounts of events given by Mr Grech and all other persons from whom the committee received submissions.
• No false or misleading evidence was given by Mr David Martine to the Economics Legislation Committee in respect of the document or in respect of any other matter. There was no improper conduct by Mr Martine at the hearing.
• The committee does not accept Senator Eggleston's criticism of Senator Hurley's chairing of the hearing.
Other false or misleading evidence
• Mr Godwin Grech gave a misleading impression to the Economics Legislation Committee about the amount of work involved in his advocacy on behalf of Mr John Grant.
• Mr Godwin Grech gave evidence to the committee about his dealings with the journalist, Steve Lewis, that was untrue.
• Mr Godwin Grech did not disclose to the committee that he had created a record of the email that he asserts he believed existed.
Collusive pre-arrangement of questions and answers for an undisclosed purpose
• Mr Godwin Grech suggested to the Opposition that the Car Dealership Financing Guarantee Appropriation Bill 2009 should be referred to a Senate committee for the purpose of getting his 'evidence' about alleged corrupt conduct by the Prime Minister into the public arena.
• Mr Godwin Grech met with the Opposition Leader, Mr Turnbull, and Senator Abetz in Sydney for the purpose of showing them the 'evidence' he had of alleged corrupt conduct by the Prime Minister.
• Unbeknown to Mr Turnbull and Senator Abetz, Mr Grech's 'evidence' of this alleged corrupt conduct had been created by himself as a record of an email that he asserts he believed existed.
• Apart from Mr Grech's recollection, which he asserted may be faulty or false, there was no evidence put before the committee that an email resembling Mr Grech's record of it ever existed.
• There was no inappropriate pre-arrangement by Senator Abetz of questions and answers for the hearing of the Economics Legislation Committee.
• Questions which may have a political motive are a commonplace and unremarkable part of the processes employed by senators for holding governments to account.
Improper use of a hearing
• The hearing by the Economics Legislation Committee was an entirely legitimate use of Senate procedures to explore a matter of possible misfeasance.
• Unbeknown to all but Mr Godwin Grech, evidence of the possible misfeasance had been recreated, as a record of an email that he asserts he believed existed. In this sense, there was an improper interference with the hearing of the Economics Legislation Committee on the OzCar bill.
Possible interference with Mr Grech in relation to his evidence
• In respect of the allegation concerning Mr Jim Murphy, the committee does not dispute Treasury's account.
• In respect of the allegation concerning Mr Chris Barrett, the committee does not dispute Mr Barrett's account.
• There is no evidence that improper pressure was placed on Mr Grech in respect of his evidence by any person other than himself, or that any other person caused any improper interference with Mr Grech in respect of his evidence.
Mr Grech's fitness to give evidence on 19 June 2009
• The Department of the Treasury and its senior officers have no case to answer that in allowing Mr Grech to give evidence, knowing his difficult state of health and the work pressure he was under, they failed to respond adequately to the requirements of a Senate committee, thereby causing an improper interference with the free exercise by the committee of its authority.
In view of Mr Grech's state of health, the committee was unable to make findings as to his culpability and was therefore unable to arrive at a conclusion that a contempt was committed by Mr Grech.
Recommendation: That the Senate endorse the committee's findings and conclusions; that the President resume consideration of an appropriate response to the behaviour of the media after the hearing; and that the Chairs' Committee consider model procedures for handling the media.

143. Persons referred to in the Senate (Vicki Dunstan on behalf of the Church of Scientology) (PP No.9/2010)

Reference: Referred by the President 11/01/2010
Action: Report tabled and adopted 4/2/2010 (J.3147).
Persons/organisations involved: Senator Nick Xenophon, Church of Scientology
Resumé: On 17 November 2009, during the adjournment debate in the Senate, Senator Xenophon made wide-ranging allegations critical of the Church of Scientology.  Vicki Dunstan, President, Church of Scientology provided a response under Privilege Resolution 5.
Recommendation: That the response by Vicki Dunstan be incorporated in Hansard.

144. Statutory secrecy provisions and parliamentary privilege – an examination of certain provisions of the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (referred 18 march 2010), (PP No.127/2010)

Reference: Referred by Senate: Motion moved by Chair of Committee of Privileges, Senator Brandis, and agreed to 18/3/2010 (J.3399).
Action: Report tabled out of session 4/6/2010, in Senate 15/6/2010.
Persons/organisations involved: Clerk of the Senate, Officers of the Treasury, Commonwealth Ombudsman, Australian Law Reform Commission, Australian Rule of Law Association, Professor Anne Twomey.
Resume: The Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 was referred to the committee with particular reference to the provisions in the bill relating to the disclosure of taxpayer information to parliamentary committees and the conflict which these provisions have with the Parliamentary Privileges Act 1987.

• The bill places conditions on the access by parliamentary committees to certain information, and undermines both the powers and immunities of parliamentary committees and the rights of unfettered access by witnesses to parliamentary committees.
• A further feature of the provisions in question is the application of a criminal sanction to a witness who gives evidence to a parliamentary committee in other than defined circumstances.

Recommendations:

1. That the bill be amended by either removing any reference to Parliament and its committees from the bill, thereby allowing the existing law to operate in conjunction with the existing procedural protections provided by standing and other orders of the Houses; or by
   removing the application of the offence provisions to dealings between taxation officers and Parliamentary committees and providing guidance to taxation officers in their dealings with Parliamentary committees and declaring that disclosures to Parliament and its committees are not affected by the bill.
2. that the Procedure Committee consider whether it is necessary to strengthen guarantees to safeguard the privacy of taxpayer information by means of a resolution of the Senate; and
3. that the Clerk of the Senate write to the Commissioner of Taxation drawing attention to the training provided by the Department of the Senate in parliamentary matters and the availability of the Department of the Senate to work with the Australian Taxation Office in developing appropriate in-house training materials.

145. Persons referred to in the Senate (Mr Geordie Guy on behalf of Electronic Frontiers Australia Inc.), (PP No. 133/2010)

Reference: Referred by the President 7/4/2010.
Action: Report tabled and adopted 22/6/2010 (J.3663).
Persons/organisations involved: Senators Stephen Conroy, Sue Boyce, Jacinta Collins and Electronic Frontiers Australia Inc.
Resumé: On 15 and 16 March 2010 in response to questions at question time by senators Boyce and Collins, Senator Conroy both orally and in a tabled document referred to Reporters Without Borders having been misled by Electronic Frontiers Australia and that Electronic Frontiers Australia may have provided other misleading information. Mr Guy, on behalf of the board of Electronic Frontiers Australia, responded refuting the allegations.
Recommendation: That the response by Mr Geordi Guy be incorporated in Hansard.

146. Persons referred to in the Senate (Vicki Dunstan on behalf of the Church of Scientology Australia), (PP No.134/2010)

Reference: Referred by the President 11/05/2010
Action: Report tabled and adopted 22/6/2010 (J.3663).
Persons/organisations involved: Senators Nick Xenophon, Christine Milne, Bob Brown and the Church of Scientology Australia.
Resumé: On 11 and 18 March 2010, during debates to refer a matter to a committee for inquiry, Senators Bob Brown, Milne and Xenophon made remarks critical of the Church of Scientology. Ms Vicki Dunstan, President, Church of Scientology provided a response under Privilege Resolution 5.
Recommendation: That the response by Vicki Dunstan be incorporated in Hansard.