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Chapter 16 - Committees

Committee of Privileges

The Committee of Privileges is established by standing order 18, which provides:

1. A Committee of Privileges, consisting of 7 senators, shall be appointed at the commencement of each Parliament to inquire into and report upon matters of privilege referred to it by the Senate.

2. The Committee shall have power to send for persons and documents, to move from place to place and to sit during recess.

3. The Committee shall consist of 7 senators, 4 nominated by the Leader of the Government in the Senate and 3 nominated by the Leader of the Opposition in the Senate.

4. The Committee shall elect as its chair a member nominated by the Leader of the Opposition in the Senate.

As well as inquiring into privilege matters referred by the Senate, which mainly relate to cases of alleged interference with senators or committees, the committee also reports on matters raised with the President of the Senate under Resolution 5 of the Privilege Resolutions, that is, responses by persons to statements made about them in the Senate. (See Chapter 2, Parliamentary Privilege, for a detailed analysis of these resolutions and the work of the committee.)

Apart from Resolution 5 matters, inquiries referred have chiefly been of three types: possible unauthorised disclosure of evidence or draft reports; possible misleading evidence given to a committee; or possible interference with, or adverse treatment of, witnesses as a result of their having given evidence. A list of the committee’s reports since its establishment in 1966 and consequent action by the Senate is in appendix 3.

In addition to Resolution 5 matters and individual privilege cases referred by the Senate, the committee has also participated in the legislative function of the Senate. In 1994, the committee examined and reported on a private senator’s bill, the Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994. The bill provided a mechanism for resolving conflicts between the Senate and the executive by providing for questions relating to the failure of ministers and public servants to comply with lawful orders of the Senate, and related issues of public interest immunity, to be resolved by the Federal Court. In its 49^th report (PP 171/1994), the committee concluded that such a bill was not necessary and that the Senate already possessed the powers required to resolve such conflicts.

The committee acts as an essential safeguard of the rights of senators and the Senate, and the rights and obligations of witnesses appearing before the Senate and its committees.

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