Appendix One

Navigation: Previous Page | Contents | Next Page

Appendix One

**Extracts from the Parliamentary Privileges Act 1987 Standing and other orders of the Senate, November 2004 and Senate Privilege Resolutions, February 1988**

Extracts from the Parliamentary Privileges Act 1987

Essential element of offences

Conduct (including the use of words) does not constitute an offence against a House unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.

Unauthorised disclosure of evidence

A person shall not, without the authority of a House or a committee, publish or disclose:
1. a document that has been prepared for the purpose of submission, and submitted, to a House or a committee and has been directed by a House or a committee to be treated as evidence taken in camera; or
2. any oral evidence taken by a House or a committee in camera, or a report of any such oral evidence, unless a House or a committee has published, or authorised the publication of, that document or that oral evidence.
Penalty:

in the case of a natural person, $5,000 or imprisonment for 6 months; or
in the case of a corporation, $25,000.

Extracts from Standing Orders and other orders of the Senate November 2004

37 - Disclosure of evidence and documents

The evidence taken by a committee and documents presented to it, which have not been reported Senate, shall not, unless authorised Senate or committee, be disclosed any person other than member officer of committee.
A senator who wishes to refer in camera evidence or unpublished committee documents dissenting report shall advise the of concerned, and all reasonable effort be made by reach agreement on disclosure for that purpose. If is not reached, may dissent only extent necessary support reasoning dissent. Witnesses gave provided question shall, practicable, informed advance proposed given opportunity object ask particular parts disclosed. give careful consideration any objection witness before making its decision. disclosing such way as conceal identity persons are referred documents.
1. The President is authorised to permit any person to examine and copy evidence submitted to, or documents of, committees, which are in the custody of the Senate, which have not already been published by the Senate or its committees, and which have been in the Senate’s custody for at least 10 years.
2. If such evidence or documents were taken in camera or submitted on a confidential or restricted basis, disclosure shall not take place unless the evidence or documents have been in the custody of the Senate for at least 30 years, and, in the opinion of the President, it is appropriate that such evidence or documents be disclosed.
3. The President shall report to the Senate the nature of any evidence or documents made available under this standing order and the person or persons to whom they have been made available.
(amended 13 February 1997, 29 April 1999)

38 - Reports

The chairman of a committee shall prepare draft report and submit it to committee.
After a draft report has been considered and agreed to by committee, with or without amendment, minority dissenting may be added the any member group of members, participating attach relevant conclusions recommendations that member.
If any senator other than the chairman submits a draft report to committee, committee shall first decide upon which it will proceed.
After a draft report has been considered the whole or any part of it may be reconsidered and amended.
A report of committee shall be signed and presented to the Senate by chairman.
By order of the senate a committee may report from time to its proceedings or evidence.
If the senate is not sitting when a committee has prepared report for presentation, may provide to President or, unable act, Deputy President, unavailable, any one of Temporary Chairmen Committees, and, on provision report:
1. The report shall be deemed to have been presented Senate;
2. The publication of report is authorised by this standing order;
3. The president, Deputy or Temporary Chairman of Committees, as case may be, give directions for printing and circulation report;
4. The president shall lay report upon table at next sitting of Senate.
(amended 24 August 1994, 13 February 1997)

81 - Privilege motions

A matter of privilege, unless suddenly arising in relation to proceedings before the Senate, shall not be brought before the Senate except in accordance with the following procedures:

A senator intending to raise a matter of privilege shall notify the President, in writing, of the matter.
The president shall consider the matter and determine, as soon as practicable, whether a motion relating to the matter should have precedence of other business, having regard to the criteria set out in any relevant resolution of the Senate.
The president’s decision shall be communicated to the senator, and, if the President thinks it appropriate, or determines that a motion relating to the matter should have precedence, to the Senate.
A senator shall not take any action in relation to, or refer to, in the Senate, a matter which is under consideration by the President in accordance with this resolution.
Where the president determines that a motion relating to a matter should be given precedence of other business, the senator may, at any time when there is no other business before the Senate, give notice of a motion to refer the matter to the Committee of Privileges, and that motion shall take precedence of all other business on the day for which the notice is given.
A determination by the president that a motion relating to a matter should not have precedence of other business does not prevent a senator in accordance with other procedures taking action in relation to, or referring to, that matter in the Senate, subject to the rules of the Senate.
Where notice of a motion is given under paragraph (5) and the senate is not expected to meet within the period of one week occurring immediately after the day on which the notice is given, the motion may be moved on that day.

Procedural Orders of Continuing Effect

3 - Unauthorised disclosure of committee proceedings, documents or evidence

The Senate adopts the procedures, as outlined in the 20th report of the Committee of Privileges tabled on 21 December 1989, to be followed by committees in respect of matters on which such committees may wish action to be taken:

1. a committee affected by any unauthorised disclosure of proceedings or documents of, or evidence before, that committee shall seek to discover the source of the disclosure, including by the chair of the committee writing to all members and staff asking them if they can explain the disclosure;
2. The committee concerned should come to a conclusion as whether disclosure had tendency substantially interfere with work of or Senate, actually caused substantial interference;
3. If the committee concludes that there has been potential or actual substantial interference it shall report to Senate and matter may be raised with President by chair of committee, in accordance standing order 81.
Nothing in this resolution affects the right of a senator to raise matter privilege under standing order 81.
This order is of continuing effect.

(20 June 1996 J.361)

Parliamentary Privilege resolutions agreed to by the senate on 25 february 1988

3 - Criteria to be taken into account when determining matters relating to contempt

The Senate declares that it will take into account the following criteria when determining whether matters possibly involving contempt should be referred to the Committee of Privileges and whether a contempt has been committed, and requires the Committee of Privileges to take these criteria into account when inquiring into any matter referred to it:

The principle that Senate’s power to adjudge and deal with contempts should be used only where it is necessary provide reasonable protection for Senate its committees senators against improper acts tending substantially obstruct them in performance of their functions, not respect matters which appear a trivial nature or unworthy attention Senate;
The existence of any remedy other than that power for act which may be held to a contempt; and
Whether a person who committed any act which may be held to contempt:
1. knowingly committed that act, or
2. had any reasonable excuse for the commission of that act.

4 - Criteria to be taken into account by the President in determining whether a motion arising from a matter of privilege should be given precedence of other business

Notwithstanding anything contained in the standing orders, in determining whether a motion arising from a matter of privilege should have precedence of other business, the President shall have regard only to the following criteria:

The principle that Senate’s power to adjudge and deal with contempts should be used only where it is necessary provide reasonable protection for Senate its committees senators against improper acts tending substantially obstruct them in performance of their functions, not respect matters which appear a trivial nature or unworthy attention Senate;
The existence of any remedy other than that power for act which may be held to a contempt.

6 - Matters constituting contempts

Without derogating from its power to determine that particular acts constitute contempts, the Senate declares, as a matter of general guidance, that breaches of the following prohibitions, and attempts or conspiracies to do the prohibited acts, may be treated by the Senate as contempts.

Unauthorised disclosure of evidence etc.

A person shall not, without the authority of Senate or committee, publish disclose:
1. a document that has been prepared for the purpose of submission, and submitted, to the Senate or a committee and has been directed by the Senate or a committee to be treated as evidence taken in private session or as a document confidential to the Senate or the committee;
2. any oral evidence taken by the Senate or a committee in private session, or a report of any such oral evidence; or
3. any proceedings in private session of the Senate or a committee or any report of such proceedings,
unless the Senate or a committee has published, or authorised the publication of, that document, that oral evidence or a report of those proceedings.

7 - Raising of matters of privilege

Notwithstanding anything contained in the standing orders, a matter of privilege shall not be brought before the Senate except in accordance with the following procedures:

A senator intending to raise matter of privilege shall notify the President, in writing, matter.
The president shall consider the matter and determine, as soon as practicable, whether a motion relating to the matter should have precedence of other business, having regard to the criteria set out in any relevant resolution of the Senate. The President’s decision shall be communicated to the senator, and, if the President thinks it appropriate, or determines that a motion relating to the matter should have precedence, to the Senate.
A senator shall not take any action in relation to, or refer the Senate, matter which is under consideration by President accordance with this resolution.
Where the president determines that a motion relating to matter should be given precedence of other business, senator may, at any time when there is no business before Senate, give notice refer Committee Privileges. Such shall take all on day for which given.
A determination by the president that motion relating to matter should not have precedence of other business does prevent senator in accordance with procedures taking action relation to, or referring Senate, subject rules Senate.
Where notice of a motion is given under paragraph (4) and the Senate is not expected to meet within the period of one week occurring immediately after the day on which the notice is given, the motion may be moved on that day.

Navigation: Previous Page | Contents | Next Page