76th Report

Parliamentary Privilege Precedents, Procedures and Practice in the Australian Senate 1966-1999

June 1999

ISSN 1038-9857 (Print)

ISSN 1447-1396 (Online)

CHAPTER 1 — PRIVILEGE 1901-1987

Meaning of privilege
Scope of report
Privilege 1901-1965
House of Representatives Committee of Privileges
Establishment of Senate Committee of Privileges
Reports 1971-1987
Unauthorised disclosure of committee report
Claims of executive privilege
Security measures at Parliament House
Unparliamentary language used in debate
Detention and harassment of senators
Improper disclosure of in camera evidence and of proposed amendment to bill

CHAPTER 2 — PARLIAMENTARY PRIVILEGES ACT 1987 AND SENATE PRIVILEGE RESOLUTIONS

Introduction
Joint Select Committee on Parliamentary Privilege
Passage of Parliamentary Privileges Act and Senate Privilege Resolutions
Summary and discussion of privilege resolutions
Raising matters of privilege
Criteria for determining contempt
Committee of Privileges proceedings
Matters constituting contempts
Findings of and punishments for contempt
Right of reply
Other resolutions

CHAPTER 3 — PRIVILEGE 1988-1999 — RIGHT-OF-REPLY MATTERS

Introduction
Method of operation
Reports 1988-1999
Analysis
Conclusion

CHAPTER 4 — PRIVILEGE 1988-1999 — ANALYSIS OF CONTEMPT MATTERS

Introduction
Scope of privilege — advisory reports
Circulation of petitions
Claims of executive privilege
Reports on questions raised by other committees
Possible improper obstruction of senators or committees
Possible false or misleading evidence before committees
Matters raised by senators or committees
Matters raised by other persons
Misreporting of committee proceedings
Unauthorised disclosure of proceedings or documents of committees
Discovery of sources of unauthorised disclosure
Undiscovered sources of unauthorised disclosure
Possible improper interference with persons providing information to the Senate and committees
General
Possible contempts involving public officials

CHAPTER 5 — PRIVILEGE 1988-1999 — COMMITTEE’S METHODS OF OPERATION

Conduct of committee inquiries
Legal representation
(a) for persons affected by matters referred to committee
(b) for Committee of Privileges
Public hearings
Notification of committee’s findings
Senate proceedings
Reimbursement of legal costs
Committee’s sources of advice
Participation of members of committee in certain inquiries
Standard of proof
Relationship between public officials and Parliament
Guidelines relating to unauthorised disclosure of committee proceedings
References to other bodies
Relationship with courts

CHAPTER 6 — CONCLUSION

Appendix A

Parliamentary Privileges Act 1987

Explanatory Memorandum

Appendix B

Senate privilege resolutions
Explanatory notes
Notes on amendments moved by Senator Durack
Responses to questions raised in debate on 25 February 1988