No. 22 Provisions governing the conduct of senators (PDF 76KB)
This guide briefly sets out the key orders of the Senate, provisions of the Constitution and legislation which specifically regulate the conduct of senators. However, apart from the immunities conferred by parliamentary privilege on senators in the exercise of their duties, senators are subject to the ordinary law like any other person (see Guide No. 20—Parliamentary privilege).
Senate Privilege Resolutions
Senators seeking or obtaining benefits
Paragraph 3 of Privilege Resolution 6 provides that the Senate may treat as a contempt a senator seeking or obtaining any property or benefit in return for the exercise of the senator's duties.
The responsibilities of freedom of speech
Privilege Resolution 9 enjoins senators to use their great power of freedom of speech responsibly and with regard to several factors including the rights of others and the damage that can be done to reputations and the institution of Parliament by allegations made in Parliament.
Resolutions on the registration of interests and gifts to the parliament
The Senate agreed to a series of resolutions relating to senators' interests in 1994, and a resolution on the declaration of gifts in 1997.
Registrable interests
Each senator must provide a statement of their registrable interests to the Registrar of Senators' Interests within 28 days of making and subscribing an oath or affirmation and within 28 days after the first meeting of a new Senate. Any alterations of interests must also be notified to the Registrar within 35 days of the change in circumstances that gives rise to the need for the alteration. All statements of interests are included in the Register of Senators' Interests, which is published online.
Failure to comply with these requirements may be treated as a serious contempt. Registrable interests are described in Resolution 3. Resolution 2 extends the requirement to those interests, of which the senator is aware, of a senator's spouse, partner or dependent children. "Partner" is defined as a person who is living with another person in a bona fide domestic relationship.
Gifts
A separate resolution deals with the registration of gifts which are intended by the donor as gifts for the Senate or the parliament. This resolution is likely to be of most relevance to Senate office holders and leaders of parliamentary delegations.
Behaviour codes
The Behaviour Code for Australian Parliamentarians, agreed to by the Senate and the House of Representatives in 2024, outlines the Parliament's expectations for how parliamentarians behave towards each other and others they engage with in the course of their work, while recognising the importance of a free exchange of ideas and parliamentary privilege. The focus of the code is in maintaining a respectful and diverse workplace, whilst prohibiting bullying and harassment, sexual harassment and assault and discrimination in all its forms.
Independent Parliamentary Standards Commission
Disclosures and complaints in relation to the behaviour code can be received confidentially and are managed by the Independent Parliamentary Standards Commission (IPSC). Under the code, Parliamentarians have an obligation to:
- cooperate and comply with sanctions imposed under the recommendation of the IPSC;
- maintain the confidentiality of the complaints process; and
- act on the allegations of misconduct and implement recommendations of the IPSC.
Failure to do so may be in breach of the code and sanctions may apply.
Parliamentary Workplace Support Service
The Parliamentary Workplace Support Service (PWSS) was established following recommendations of reviews into parliamentary workplace culture, including the 2021 Jenkins Review. Operating under the Parliamentary Workplace Support Service Act 2023, the PWSS supports parliamentarians and staff through the provision of human resources services. The PWSS also provides support and complaint resolution services in relation to workplace conduct such as bullying, harassment or other inappropriate behaviour.
Conflict of interest on a committee
A senator is prohibited from sitting on a committee where they have a conflict of interest (Standing order 27(5)). This applies to a situation in which a senator personally has a private interest in the subject of a committee's inquiry which conflicts with the duty of the senator to participate conscientiously in the conduct of inquiry. An example would be an inquiry involving a company in which a senator held shares. In most circumstances, declaration of an interest by a senator would be sufficient to prevent any perception that the senator might be using their role to pursue a personal interest.
Giving evidence elsewhere
Standing order 183 prevents a senator from giving evidence elsewhere about the proceedings of the Senate or a committee without the permission of the Senate. "Elsewhere" would include a court or tribunal or another House. However, this standing order cannot bind the courts and section 16 of the Parliamentary Privileges Act 1987 does not prevent reference to the proceedings of parliament in a court or tribunal, merely questioning of them.
Other statutory provisions
There are several offences in the Criminal Code Act 1995 which could apply to senators and as such operate to govern their conduct. These include offences relating to bribery, corruption, fraud and abuse of public office. In addition, the National Anti-Corruption Commission has specific functions to deter, detect and prevent corrupt conduct involving Commonwealth public officials including parliamentarians and their staff.
Provisions relating to qualifications of senators.
There are a number of Senate orders, constitutional and statutory provisions that relate to senators' qualifications. For further detail, see Guide No. 21—Qualifications of senators and candidates for Senate elections.
Need assistance?
For further assistance on any of the matters covered by this Guide, contact the Clerk of the Senate on extension 3350 or clerk.sen@aph.gov.au, or the Registrar of Senators' Interests on extension 3020 or senators.interests@aph.gov.au
Last reviewed: June 2025