Footnotes

[1] Journals of the Senate, 16 March 2005, p. 88.

[2] Senate Committee of Privileges, 1^st Report, Parliamentary Paper Series (PP) 163/1971.

[3] Senate Committee of Privileges, 7^th Report, PP 298/1984; see also 8^th Report, PP 239/1985.

[4] Senate Committee of Privileges, 20^th Report, PP 461/1989.

[5] Senate Committee of Privileges, 74^th Report, PP 180/1988.

[6] Senate Committee of Privileges, 112^th Report, PP 11/2003.

[7] Senate Committee of Privileges, 112^th Report, PP 11/2003, paragraph 1.3.

[8] Senate Committee of Privileges, 112^th Report, PP 11/2003, paragraph 1.45.

[9] Senate Committee of Privileges, 120^th and 121^st Reports, PP 52/2005 and PP 58/2005.

[10] Senate Committee of Privileges, 121^st Report, PP 58/2005, paragraph 1.34.

[11] Senate Hansard, 16 March 2005, p. 136.

[12] Senate Hansard, 16 March 2005, Senator Robert Ray, p. 140.

[13]   Submissions and Documents, pp. 1-102.

[14] House of Representatives Practice, Fourth Edition.

[15] Submissions and Documents, The Hon. David Hawker MP, Speaker of the House of Representatives, pp. 77-82.

[16] House of Representatives Practice, Fourth Edition, p. 669.

[17] House of Representatives Practice, Fourth Edition, p. 715.

[18] House of Representatives Practice, Fourth Edition, p. 715.

[19] House of Representatives Practice, Fourth Edition, p. 716.

[20] House of Representatives Practice, Fourth Edition, p. 716.

[21] ACT Select Committee on Privileges, Possible unauthorised dissemination of committee material, standing order 71 (Privilege), Minister’s refusal to answer question in committee hearing and distribution of ACT health document, 3 November 2003, p. 9.

[22] New South Wales Legislative Council, Standing Committee on Parliamentary Privilege and Ethics, Report on guidelines concerning unauthorised disclosure of committee proceedings, Report 23, December 2002, Parliamentary Paper Number 370. [New South Wales Legislative Council, Report]

[23] New South Wales Legislative Council, Report, p. 1.

[24] New South Wales Legislative Council, Report, p. 28.

[25] Correspondence from New South Wales Legislative Council, 11 January 2005.

[26] Correspondence from New South Wales Legislative Assembly, 10 January 2005.

[27] Queensland Legislative Assembly, Members’ Ethics and Parliamentary Privileges Committee, Report on a Matter of Privilege-Unauthorised release of correspondence between a Committee and Ministers-Report No. 42, 7 June 2000, pp. 5-6.

[28] Correspondence from Queensland Parliament, 6 January 2005. For guidelines, see Appendix Three.

[29] Queensland Legislative Assembly, Votes and Proceedings, 16 April 2002, p. 523.

[30] Correspondence from the South Australian Legislative Council, 23 December 2004.

[31] Correspondence from the South Australian House of Assembly, 21 January 2005.

[32] Correspondence from the Tasmanian Legislative Council, 22 December 2004.

[33] Correspondence from the Tasmanian House of Assembly, 23 December 2004.

[34] Correspondence from the Victorian Legislative Council, 23 December 2004; oral advice June 2005.

[35] Correspondence from the Victorian Legislative Council, 23 December 2004.

[36] See paragraph 2.89.

[37] Correspondence from the Victorian Legislative Assembly, 21 December 2004.

[38] Correspondence from the Western Australian Legislative Assembly, 27 December 2004.

[39] Australian Capital Territory Select Committee on Privileges, Possible unauthorised dissemination of committee material, standing order 71 (Privilege), Minister’s refusal to answer question in committee hearing and distribution of ACT health document, 3 November 2003.

[40] ACT Select Committee on Privileges, Possible unauthorised dissemination of committee material, standing order 71 (Privilege), Minister’s refusal to answer question in committee hearing and distribution of ACT health document, 3 November 2003, p. 10.

[41] Correspondence from Australian Capital Territory Legislative Assembly, 22 December 2004; oral advice June 2005.

[42] Correspondence from the Northern Territory Legislative Assembly, 23 December 2004.

[43] Correspondence from Austrian Parliament, 12 January 2005, p. 1

[44] Correspondence from Austrian Parliament, p. 2.

[45] Correspondence from Austrian Parliament, p. 2.

[46] Correspondence from Belgian House of Representatives, 7 January 2005, p. 1.

[47] Correspondence from Belgian House of Representatives, p. 2.

[48] Canadian Standing Committee on Privileges, Standing Rules and Orders, Fourth Report, 13 April 2000, paragraph 26(a) to (f).

[49] Correspondence from the Canadian Senate, 13 January 2005.

[50] Canadian Standing Committee on Privileges, Standing Rules and Orders, Fourth Report, 13 April 2000, paragraph 30(a) to (e).

[51] Correspondence from the Canadian House of Commons, 19 January 2005.

[52] Correspondence from Danish Parliament, 4 February 2005.

[53] Correspondence from the European Parliament, 13 January 2005.

[54] Correspondence from the Finnish Parliament, 20 January 2005.

[55] Correspondence from French Senate, 18 January 2005.

[56] Correspondence from French National Assembly, 10 January 2005.

[57] Correspondence from the German Bundesrat, 28 January 2005.

[58] Correspondence from the German Bundestag, 3 February 2005.

[59] Correspondence from Greek Parliament, 17 January 2005.

[60] Correspondence from the Irish Dail, 28 January 2005.

[61] Correspondence from the Israeli Knesset, 10 January 2005.

[62] Correspondence from the Italian Chamber of Deputies, 25 January 2005.

[63] Correspondence from the Netherlands House of Representatives of the States General, 14 January 2005.

[64] New Zealand Privileges Committee, Report - Question of privilege relating to an article published in the Sunday Star-Times, September 2003, p. 7.

[65] New Zealand Privileges Committee, Report, September 2003, p. 7.

[66] New Zealand Privileges Committee, Report, September 2003, p.6. [see also New Zealand Privileges Committee, Report – Three question of privilege concerning the disclosure of select committee proceedings, May 2003].

[67] Correspondence from New Zealand House of Representatives, 22 December 2004.

[68] Correspondence from New Zealand House of Representatives, 22 December 2004.

[69] Correspondence from the Swedish Riksdag, 20 January 2005.

[70] Correspondence from the House of Lords, 12 January 2005.

[71] Correspondence from the House of Commons, 18 February 2005, p. 1.

[72] Correspondence from the House of Commons, 18 February 2005, pp. 1-3.

[73] Correspondence from the House of Commons, 18 February 2005, pp. 3-5.

[74] Correspondence from Dr Stanley Bach, 22 December 2004.

[75] Correspondence from Dr Stanley Bach, 22 December 2004.

[76] Transcript of evidence, Mr Christopher Warren, Federal Secretary, Media, Entertainment and Arts Alliance, p. 19.

[77] Transcript of evidence, Mr Christopher Warren, Federal Secretary, Media, Entertainment and Arts Alliance, p. 19.

[78] Submissions and Documents, Senator the Hon. Paul Calvert, President of the Senate, p. 9.

[79] Submissions and Documents, the Hon. Dr. Meredith Burgmann MLC, President, New South Wales Legislative Council, p. 93.

[80] See Appendix Three.

[81] Submissions and Documents, Parliamentary Joint Committee on the Australian Crime Commission, pp. 100-103.

[82] Submissions and Documents, Mr Harry Evans, Clerk of the Senate, pp. 3-4.

[83] Transcript of evidence, Dr Ian Holland, p. 61.

[84] See, for example, Senate resolution of 20 June 1996, Appendix One.

[85] Submissions and Documents, Mr Harry Evans, Clerk of the Senate, pp. 5-6. Proposed resolution is also at Appendix Two.

[86] Transcript of evidence, Mr James Grubel, Secretary, Press Gallery Committee, p. 21.

[87] Transcript of evidence, Mr Jack Herman, Executive Secretary, Australian Press Council, p. 41.

[88] Senate Committee of Privileges, 99^th Report, PP 177/2001, paragraph 55.

[89] Transcript of evidence, Dr Peter Shergold AM, Secretary, Department of the Prime Minister and Cabinet, pp. 51-52.

[90] Senate Committee of Privileges, 113^th report, PP 135/2003, Submissions and Documents, p. 25.

[91] Transcript of evidence, Mr Michael J. Martin, Lawyer, Legal Services, Australian Broadcasting Commission, p. 32.

[92] Transcript of evidence, Senator Bartlett, p. 54.

[93] Submissions and Documents, p. 19; Transcript of evidence, Mr Michael J. Martin, Lawyer, Legal Services, Australian Broadcasting Commission. p. 33.

[94]   Senate Committee of Privileges, 112^th report, PP 11/2003.

[95] Senate Committee of Privileges, 49^th Report, PP 171/1994, paragraph 2.7.

[96] Senate Committee of Privileges, 7^th Report, PP 298/1984.

[97] Senate Committee of Privileges, 7^th Report, PP 298/1984.

[98] Lewis Carroll, Through the Looking Glass, Chapter VI.

[99] Transcript of evidence, Mr Paul Bongiorno, Vice-President, Press Gallery Committee, p. 25.

[100] See paragraph 3.5.

[101] See especially Senate Committee of Privileges, 112^th Report, PP 11/2003, paragraph 1.33.

[102] Transcript of evidence, Dr Ian Holland, p. 61.

[103] See Appendices Two and Three.

[104] Senate Committee of Privileges, 35^th Report, PP 194/1992.

[105] A guide to framing Commonwealth offences, civil penalties and enforcement powers, Attorney-General’s Department, issued by authority of the Minister for Justice and Customs, February 2004, p. 24.

[106] Senate Standing Committee for the Scrutiny of Bills, Sixth Report of 2002–Application of absolute and strict liability offences in Commonwealth legislation, June 2002, p. 283. [Scrutiny of Bills Report].

[107] Scrutiny of Bills Report, pp 284-5.

[108] Scrutiny of Bills Report, p. 284.

[109] See, generally, Senate Standing Committee for the Scrutiny of Bills, The work of the committee during the 39th Parliament, June 2002, at pp 34-38.

[110] See, generally, Senate Standing Committee for the Scrutiny of Bills, The work of the committee during the 39th Parliament, June 2002, at pp 34-38.

[111] For role of Committee of Privileges in raising a matter of privilege, see paragraphs 3.47-3.48.

[112] Submissions and Documents, Mr Bruce C. Wolpe, Manager, Corporate Affairs, John Fairfax Holdings Ltd, p. 31.

[113] Senate Committee of Privileges, 22^nd Report, PP 45/1990, paragraph 12.

[114] This element was the subject of British House of Commons consideration in 1990, discussed at paragraphs 2.100-2.102.

[115] See paragraphs 3.47-3.48.

[116] Senate Committee of Privileges, 74^thReport, PP 180/1998.

[117] Submissions and Documents, pp. iii-xiii.

[118] Committee of Privileges, 113^th Report, PP 175/2003. And see Chapter Two, paragraph 2.121.

[119] Transcript of evidence, Mr Jack R. Herman, Executive Secretary, Australian Press Council, p. 38.

[120] Submissions and Documents, pp. 3-4.

[121] See paragraphs 1.13 and 1.16.

[122] See especially Senate Committee of Privileges 54^th Report, PP 133/1995, paragraph 2.18.

[123] See, for example, standing order 81(6).

[124] Submissions and Documents, Dr Ian Holland, p. 63.

[125] Submissions and Documents, Mr Harry Evans, Clerk of the Senate, p. 4. And see Appendix Two.

[126] Transcript of evidence, Dr Peter Shergold AM, Secretary, Department of the Prime Minister and Cabinet, p. 51.

[127]    See recommendation at paragraph 3.60.

[128] New South Wales Legislative Council, Report, pp. 25-28.

[129] Queensland Legislative Assembly, Members’ Ethics and Parliamentary Privileges Committee, Report on a Matter of Privilege-Unauthorised release of correspondence between a Committee and Ministers-Report No. 42, 7 June 2000, pp.5-6.

[130] Canadian Standing Committee on Privileges, Standing Rules and Orders, Fourth Report, 13 April 2000, para 26(a) to (f).

[131] Correspondence from the Canadian Senate, 13 January 2005.

[132]    Canadian Standing Committee on Privileges, Standing Rules and Orders, Fourth Report, 13 April 2000, para 30(a) to (e).