Footnotes

Code of conduct

[1] Journals of the Senate, 2 March 2011, p. 644.

[2] A list of the witnesses appearing at the roundtable and submissions received is provided in Appendix 1.

[3] House of Representatives Standing Committee of Privileges and Members’ Interests, Draft Code of Conduct for Members of Parliament, Discussion Paper, November 2011, at 1.16, https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pmi/cocreport.htm.

[4] Deirdre McKeown, Codes of Conduct in Australian and Selected Overseas Parliaments, Parliamentary Library Background Note, 18 September 2012, https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BN/2012-2013/Conduct.

[5] Dr Rosemary Laing, Clerk of the Senate, Submission 6, at pp 1–2 and 13–16. The submission contains a summary of the main provisions which might be said to regulate the conduct of senators:

[6] These are described in paragraph 1.12 and Appendix 2 of the House Committee’s discussion paper.

[7] Discussion paper, at 1.14.

[8] Discussion paper, at 3.7–3.29.

[9] Discussion paper, at 3.30.

[10] Mr Malcolm Peacock, Clerk of the Legislative Council of Western Australia, Submission 1, pp 2–4 and 9.

[11] Transcript of roundtable, 21 March 2011, p. 11.

[12] Gerard Carney, Members of Parliament: Law and Ethics, Prospect Media Pty Ltd, St Leonards, 2000, p. 260.

[13] Victorian Parliament Law Reform Committee, Review of the Members of Parliament (Register of Interests) Act 1978, December 2009, p. 21.

[14] Dr Rosemary Laing, Clerk of the Senate, Submission 6, p. 6.

[15] The Houses of the South Australian Parliament and the Western Australian and Tasmanian Legislative Councils have not adopted codes of conduct for their members. Deirdre McKeown, Background Note, 18 September 2012, p. 2

[16] Mr Tom Duncan, Clerk of the Legislative Assembly for the Australian Capital Territory, Submission 5, p. 2.

[17] Stephen Skehill, Review of the Code of Conduct for Members of the Legislative Assembly for the Australian Capital Territory, 31 July 2012, http://www.parliament.act.gov.au/members/ethics/ReviewCodeofConduct-July%202012.pdf.

[18] Members of Parliament (Register of Interests) Act 1978 (Vic) and Legislative Assembly (Members’ Code of Conduct and Ethical Standards) Act 2008 (NT).

[19] Mr Neil Laurie, Clerk of the Queensland Parliament, Submission 7 to the House of Representatives Standing Committee of Privileges and Members’ Interests Inquiry into a Draft Code of Conduct for Members of Parliament, 7 February 2011, p. 3.

[20] Transcript of roundtable, 21 March 2011, p. 5.

[21] Professor Gerard Carney, Transcript of roundtable, 21 March 2011, pp 33–34.

[22] Mr Harry Evans, Committee Hansard, Senate Finance and Public Administration Legislation Committee Inquiry into the Charter of Political Honesty Bill 2000 [2002], Electoral Amendment (Political Honesty) Bill 2000 [2002], Provisions of the Government Advertising (Objectivity, Fairness and Accountability) Bill 2000, and the Auditor of Parliamentary Allowances and Entitlements Bill 2000 [No. 2], 6 April 2001, pp 1 and 6.

[23] Discussion paper, November 2011, at 3.10.

[24] In the next section of the report the committee notes the difficulties that arise in putting in place formal complaints and enforcement mechanisms on the basis of principles that are incapable of objective interpretation.

[25] Dr Rosemary Laing, Clerk of the Senate, Submission 6, p. 5.

[26] Dr Rosemary Laing, Clerk of the Senate, Submission 6, p. 4.

[27] Discussion paper, November 2011, at 6.11–6.12.

[28] Discussion paper, November 2011, at 6.8.

[29] Transcript of roundtable, 21 March 2011, p. 5.

[30] Transcript of roundtable, 21 March 2011, p. 5.

[31] Section 4, Parliamentary Privileges Act 1987 (Cth).

[32] Discussion paper, at 4.26.

[33] And see paragraphs 1.78–1.79, below.

[34] Dr Rosemary Laing, Clerk of the Senate, Submission 6, p. 8.