Report
1.1
On 22 August 2017, the President of the Senate, Senator
the Honourable Stephen Parry, received a submission from Ms Jane Carrigan
seeking redress under the resolution of the Senate of 25 February 1988
relating to the protection of persons referred to in the Senate (Privilege
Resolution 5).
1.2
The submission referred to a report tabled in
the Senate by the Minister for Employment (Senator Cash) on 15 March 2016. The
President accepted the submission and referred it to the Committee of
Privileges.
1.3
The committee met on 7 September 2017 and,
pursuant to paragraph (3) of Privilege Resolution 5, considered the submission.
In doing so, it noted that Ms Carrigan’s delay in
approaching the President for redress was explained by her unsuccessful efforts
to find a legal remedy. The committee has previously noted the difficulties
that arise when a lengthy period elapses between the action occurring and the
Senate considering any recommendation to redress the matter. The committee
accepts that the legal processes necessitated the delay in this instance.
1.4
The committee also considered whether the
resolution relating to the protection of persons referred to in the Senate
extended to the case where the person was referred to in documents tabled in
the Senate. In this context the committee noted that the document is a report
that was prepared for the purposes of advising the Parliament as to whether
there was a reasonable basis to consider requesting the Governor-General to
remove a now former Vice President of the Fair Work Commission from his
position on the grounds of misbehaviour or incapacity. Ms Carrigan had
made a formal complaint about the Vice President and this complaint was
considered during the inquiry. It was prepared for the purposes of transacting
the business of the Senate and was tabled in the Senate and is therefore part
of the Senate’s proceedings. In this instance the committee has agreed that
Privilege Resolution 5 applies.
1.5
Following this deliberation, the committee
resolved to recommend that the response be incorporated in Hansard without change. Senator Abetz, a member of the committee,
recused himself from these deliberations at the request of Ms Carrigan.
1.6
The committee draws attention to paragraph 5(6)
of the resolution which requires that, in considering a submission under this
resolution and reporting to the Senate, the committee shall not consider or
judge the truth of any statements made in the Senate or in the submission.
1.7
The committee recommends:
That
a response prepared by Ms Jane Carrigan in the terms specified at Appendix 1,
be incorporated in Hansard.
Senator the Hon Jacinta Collins
Chair
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