Appendix 3

Committee of Privileges Reports 1966–2016
Report, date tabled Reference* Findings, recommendations, action by Senate

1st Report: Unauthorised Publication of Draft Committee Report, PP 163/1971

Tabled 13/5/1971, J.605

Referred by Senate: motion moved by Chairman of Select Committee on Drug Trafficking and Drug Abuse (Senator Marriott) and agreed to 4/5/1971, J.555

Findings

  • the publication prior to presentation to the Senate of contents of report constituted a breach of the privileges of the Senate
  • the editor and publisher of the relevant newspapers were the responsible and culpable persons
  • the Senate has the power to commit to prison, to fine, to reprimand or admonish, or to otherwise withdraw facilities held, by courtesy of the Senate, in and around its precincts

Recommendations

  • that the editor and publisher be reprimanded
  • that any such breach in future be met by a much heavier penalty

Action by Senate

  • Report adopted 13/5/71, J.606; persons attended and reprimanded 14/5/71, J.612

2nd Report: Executive Government Claim of Privilege, PP 215/1975

Tabled 7/10/1975, J.936

Referred by Senate: motion moved by Leader of the Opposition in the Senate (Senator Withers, amendment moved by Leader of Government in the Senate (Senator Wriedt, amendment negatived, motion agreed to 17/7/1975, J.836

Findings

  • no breach of privilege involved (majority report)
  • claims of executive privilege were misconceived but that no action should be taken by the Senate (dissenting report)

Action by Senate

  • motion for adoption of dissenting report debated 17/2/77 (J.571)

3rd Report: Security in Parliament House, PP 22/1978

Tabled 30/5/1978, J.207

Referred by Senate: motion moved by Senator Button, amendment moved by Senator Chaney agreed to, motion as amended agreed to 4/4/1978, J.88-9

Recommendations

  • resolutions should be passed by both Houses to establish the police authority for Parliament's own protection
  • external and internal policing of Parliament should be within the jurisdiction of one force
  • a position of security coordinator, directly responsible to the Presiding Officers, should be permanently created
  • certain methods of identification of members and visitors should be instituted
  • an effective protection system is necessary for Parliament House and its occupants
  • details of the agreed system should be incorporated in standing orders

Action by Senate

  • report noted 17/8/1978, J.310

4th Report: Quotation of Unparliamentary Language in Debate, PP 214/1979

29/5/1979, J.748

Referred by Senate: motion moved by Senator Georges and agreed to 29/5/1979, J.748

Finding

  • question not a matter of privilege

Recommendation

  • matter should be referred to Standing Orders Committee for consideration

Action by Senate

  • report adopted 20/9/1979, J.936

5th Report: Imprisonment of a Senator, PP 273/1979

30/8/1979, J.901-2

Referred by Senate: motion moved by Senator Georges and agreed to 30/8/1979, J.901-2

Finding

  • imprisonment of a certain senator did not attract the privilege of freedom from arrest

Recommendations

  • that certain resolutions relating to notification of detention of senators should be agreed to
  • if resolutions agreed to, Commonwealth and State Presiding Officers and Attorneys-General should confer upon action to be taken to secure compliance

Action by Senate

  • resolutions agreed to 26/2/1980, J.1153

6th Report: Harassment of a Senator, PP 137/1981

26/5/1981, J.271-2

Referred by Senate: motion moved by Senator Harradine and agreed to 26/5/1981, J.271-2

Finding

  • contempt found but no action recommended other than adoption of report

Action by Senate

  • report adopted 22/10/1981, J.591

7th Report: Unauthorised Publication of Committee Evidence taken in camera, PP 298/1984

17/10/1984, J.1243

Referred by Senate: motion moved by Chairman of Select Committee on the Conduct of a Judge (Senator Tate) and agreed to 14/6/1984, J.992; motion moved by Chairman of Committee of Privileges (Senator Childs) and agreed to 27/8/1984, J.1029

Findings

  • publication constituted serious contempt of Senate
  • editor and publisher of relevant newspaper should be held responsible and culpable for the publication
  • author of articles culpable for the contempt
  • publications were based on unauthorised disclosure by unknown person(s), and that such disclosure, if wilfully and knowingly made, constitutes serious contempt of Senate
  • that committee would report on the question of penalty after persons affected place submissions before committee

Action by Senate

  • report adopted 24/10/1984, J.1295

8th Report: Question of Appropriate Penalties Arising from the 7th Report of the Committee, PP 239/1985

23/5/1985, J.3174

Referred by Senate: motion moved by Chairman of Standing Committee of Privileges (Senator Childs) and agreed to 27/2/1985, J.64

Recommendations

  • that no penalty be imposed at that time but that if further offence committed within the remainder of the session of Parliament consideration be given to imposing an appropriate penalty for present offence
  • that legislation be introduced to put the power of the Houses of Parliament to fine beyond doubt

9th Report: The Improper Disclosure and Misrepresentation by a Departmental Officer of an Amendment Prepared for Moving in the Senate, PP 506/1985

16/9/1985, J.454

Referred by Senate: Motion moved by Senator Haines and agreed to 23/4/1985, J.193

Recommendation

  • that matter be not further pursued

Action by Senate

  • report adopted 18/9/1985, J.470

10th Report: Detention of a Senator, PP 433/1986

5/12/1986, J.1571

Referred by Senate: Motion moved by Senator Reynolds and agreed to 13/11/1985, J.594

Recommendations

  • that certain resolutions be passed
  • that the Senate give consideration to the alteration of the immunity from arrest and detention

Action by Senate

  • resolutions agreed to 18/3/1987, J.1693-4

11th Report: The Circulation of Petitions, PP 46/1988

2/6/1988, J.843

Referred by Senate: advisory report; President determined precedence to notice of motion 15/3/1988; motion moved by Leader of the Opposition in the Senate (Senator Chaney) 16/3/1988; amendment moved by Senator Collins agreed to, motion as amended agreed to 16/3/1988, J.556

Findings

  • that the circulation of petitions is not absolutely privileged and is probably not subject to qualified privilege
  • that a change to the law would be required if Parliament were to determine that circulation of petitions should be privileged
  • that the circulation of petitions containing defamatory matter should not be privileged
  • that the circulation of most petitions requires no special protection and that therefore no change to present law is warranted

Action by Senate

  • report noted 2/11/1988, J.1065

12th Report: Person Referred to in the Senate - Mr T Motion, PP 385/1988

7/12/1988, J.1264

Referred by President: 30/11/1988

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 13/12/1988, J.1297

Report 13: Person Referred to in the Senate - Mr I R Cornelius, PP 386/1988

14/12/1988, J.1314

Referred by President: 12/12/1988

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 14/12/1988, J.1314

14th Report: Possible False or Misleading Evidence and Manipulation of Evidence before Senate Committees - Travel by Aboriginal Community Representatives, PP 461/1989

28/2/1989, J.1385

Referred by Senate: President determined precedence to notice of motion 7/11/1988, motion moved by Leader of the Opposition in the Senate (Senator Chaney) and agreed to 8/11/1988, J.1098-9

Findings

  • that on evidence available to the Committee
    1. no false or misleading evidence was given to Estimates Committee E in relation to attendance of officers,
    2. there was no attempt to manipulate the evidence laid before the Select Committee, and
    3. therefore no contempt was committed

Action by Senate

  • report noted 12/4/1989, J.1549

15th Report: Possible False or Misleading Evidence before a Senate Estimates Committee - Department of Defence Project Parakeet, PP 461/1989

6/3/1989, J.1433-4

Referred by Senate: President determined precedence to notice of motion 5/12/1988, motion moved by Senator MacGibbon and agreed to 6/12/1988, J.1247

Findings

  • as there was no intention to give false or misleading evidence to a Senate Estimates Committee, no contempt committed

Action by Senate

  • report noted 12/4/1989, J.1549

16th Report: Person Referred to in the Senate - Mr C Wyatt, PP 461/1989

5/5/1989, J.1606

Referred by President: 11/4/1989

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 5/5/1989, J.1606

17th Report: Possible Improper Interference with a Witness - Drugs in Sport Inquiry, PP 461/1989

5/6/1989, J.1792

Finding separately reported to Senate 11/5/1989, J.1662

Referred by Senate: President determined precedence to notice of motion 8/12/1988, motion moved by Chairman of Environment, Recreation and the Arts Committee (Senator Black), by leave, and agreed to 8/12/1988, J.1276-7

Finding

  • because requisite intention not established, no contempt committed

Action by Senate

  • finding endorsed 4/10/1989, J.2087-8

18th Report: Possible Interference with Witnesses in Consequence of their giving evidence before Senate Select Committee on Administration of Aboriginal Affairs, PP 461/1989

16/6/1989, J.1921

Referred by Senate: President determined precedence to notice of motion 2/11/1988, motion moved by Leader of the Opposition in the Senate (Senator Chaney) and agreed to 3/11/1988, J.1070

Findings

  • in relation to term of reference (1)(a) (resolution of 23 May 1988) no contempt committed
  • in relation to term of reference (1)(b) (Presentation of papers and submissions) no contempt committed
  • in relation to term of reference (1)(c) (resolution of no confidence in Mrs S McPherson) in particular circumstances of case finding of contempt should not be made
  • in relation to paragraph (1)(d) (proposed transfer of Mr M O'Brien) no contempt committed

Action by Senate

  • findings endorsed 4/10/1989, J.2087

19th Report: Person Referred to in the Senate - Sir Charles Court, PP 61/1989

27/10/1989, J.2171

Referred by President: 25/9/1989

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 27/10/1989, J.2171

20th Report: Possible Unauthorised Disclosure of Senate Committee Report, PP 461/1989

21/12/1989, J.2445

Referred by Senate: President determined precedence to notice of motion 17/8/1989, motion moved by Senator Hamer, at the request of Senator Teague, and agreed to 18/8/1989, J.1961

Findings

  • that a finding of contempt should not be made in light of all circumstances
  • that no further action should be taken

Recommendations

  • that the President draw paragraph 6(16) of the Privilege Resolutions and standing order 37 to the attention of Senators
  • that a proposal for the early tabling of committee reports when the Senate meets in the mornings be referred to the Procedure Committee for consideration

Action by Senate

  • Findings endorsed and recommendations adopted 16/5/1990, J.96-7

21st Report: Possible Adverse Treatment of a Witness before the Select Committee on the Administration of Aboriginal Affairs, PP 461/1989

22/12/1989, J.2465

Referred by Senate: President determined precedence to notice of motion 9/3/1989, motion moved by Senator P Baume, debated and agreed to 9/3/1989, J.1458-9

Findings

  • that there was adverse treatment of Mr M Pope by Messrs Wyatt and Stewart partially in consequence of Mr Pope's having given evidence to a Senate Committee
  • that a contempt was committed in each case although not serious

Recommendation

  • that in the light of apologies no further action should be taken

Action by Senate

  • Notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings 22/12/1989, J.2466. Fresh notice given 9/5/1990, J.37. Findings endorsed 16/5/1990, J.97

22nd Report: Possible Unauthorised Disclosure of Senate Committee Submission, PP 45/1990

9/5/1990 J.41

Referred by Senate: President determined precedence to notice of motion 5/12/1989, motion moved by Chairman of Select Committee on Health Legislation and Health Insurance (Senator Crowley) and agreed to 6/12/1989, J.2321

Finding

  • that in the light of circumstances no finding of contempt should be made

Recommendations

  • that an appropriate warning about conditions of disclosure be given in public advertisements calling for submissions, in notes to witnesses, and in letter acknowledging receipt of submissions
  • that persons making submissions be notified when submissions are publicly released by a committee

Action by Senate

  • finding endorsed and recommendations adopted 23/5/1990, J.130

23rd Report: Person Referred to in the Senate —Mr A E Harris, PP 45/1990

25/5/1990, J.144

Referred by President: 26/2/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted and noted 25/5/1990, J.146

24th Report: Person Referred to in the Senate —Dr P Ingram Cromack, PP 438/1990

19/9/1990, J.293

Referred by President: 18/7/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 19/9/1990, J.293

25th Report: Person Referred to in the Senate —Mr A E Harris, PP 438/1990

17/10/1990, J.345

Referred by President: 23/8/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 17/10/1990, J.345

26th Report: Possible Misleading Evidence before a Senate Estimates Committee - Department of Defence Asbestos in Royal Australian Navy Ships, PP 438/1990

8/11/1990, J.398

Referred by Senate: President determined precedence to notice of motion 23/8/1990, motion moved by Senator Newman and agreed to 24/8/1990, J.250-1

Finding

  • no contempt committed

Action by Senate

  • finding endorsed 14/11/1990, J.449

27th Report: Person Referred to in the Senate —Sir William Keys, PP 438/1990

29/11/1990, J.493

Referred by President: 26/11/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted, J.493, motion to take note, J.494 29/11/1990; report noted 5/12/1990, J.510

28th Report: Person Referred to in the Senate —Mr C H Cannon, PP 438/1990

19/12/1990, J.644

Referred by President: 11/12/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 19/12/1990, J.644

29th Report: Person Referred to in the Senate —The Honourable Tom Uren, PP 438/1990

19/12/1990, J.646

Referred by President: 17/12/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 19/12/1990, J.646

30th Report: Possible Improper Influence or Penalty on a Witness in respect of Evidence before a Senate Committee, PP 258/1991

6/3/1991, J.812

Referred by Senate: President determined precedence to notice of motion 17/10/1990, motion moved by Chairman of Environment, Recreation and the Arts Committee (Senator Crowley) and agreed to 18/10/1990, J.359

Finding

  • no contempt committed

Action by Senate

  • finding endorsed 7/3/1991, J.831

31st Report: Person Referred to in the Senate —Sir William Keys, PP 258/1991

11/3/1991, J.842

Referred by President: 11/12/1990

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 11/3/1991, J.842

32nd Report: Person Referred to in the Senate —Ms Patsy Harmsen, PP 258/1991

21/6/1991, J.1280

Referred by President: 19/6/1991

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 21/6/1991, J.1280

33rd Report: Person Referred to in the Senate —Dr Alex Proudfoot, FRACP, PP 470/1991

3/9/1991, J.1452

Referred by President: 21/8/1991

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 3/9/1991, J.1452

34th Report: Person Referred to in the Senate —Ms Jeannie Cameron, PP 470/1991

14/11/1991, J.1726

Referred by President: 13/11/1991

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 14/11/1991, J.1726

35th Report: Report on Work Since Passage of Privilege Resolutions of 25 February 1988, PP 467/1991

2/12/1991, J.1811

General report

Action by Senate

  • report noted 26/3/1992, J.2133

36th Report: Possible Improper Interference with a Witness and Possible Misleading Evidence Before the National Crime Authority Committee, PP 194/1992

25/6/1992, J.2623

Referred by Senate: President determined precedence to notice of motion 8/11/1990, motion moved by Leader of the Opposition in the Senate (Senator Hill) and agreed to 12/11/1990, J.410

Finding

  • committee determined that no contempt should be found

Recommendations

  • that sections 51 and 55 of the National Crime Authority Act 1984 should be clarified
  • that any conflict between accountability of statutory bodies to Parliament and secrecy requirements should be resolved during passage of legislation through Parliament
  • that the Scrutiny of Bills Committee might appropriately draw such provisions to the attention of Parliament
  • that urgent consideration should be given to legislation such as the Parliamentary Privileges Amendment (Effect of Other Laws) Bill 1991
  • that the Senate should warn persons dealing with Houses of Parliament and their committees to direct attention to the real effects of their actions, and in particular to answer committees' questions as fully and frankly as possible

Action by Senate

  • finding endorsed and recommendations adopted 17/12/1992, J.3427

37th Report: Possible Improper Interference with Witnesses before the Community Affairs Committee, PP 235/1992

Referred by Senate: President determined precedence to motion 2/4/1992, motion moved by Chair of Community Affairs Committee (Senator Zakharov) and agreed to 2/4/1992, J.2178

Finding

  • no finding of contempt can or should be made

Action by Senate

  • finding endorsed 17/12/1992, J.3427

38th Report: Person Referred to in the Senate — The Honourable Paul B Toose, PP 540/1992

13/10/1992, J.2891

Referred by Deputy President: 6/10/1992

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • Report adopted 13/10/1992, J.2891

39th Report: Person Referred to in the Senate — Mr Dale E Hennessy, PP 540/1992

30/11/1992, J.3158

Referred by President: 24/11/1992

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • Report adopted and noted 17/12/1992, J.3426

40th Report: Persons Referred to in the Senate — Ms Margaret Piper, Ms Eve Lester and Mr Seth Richardson, PP 40/1992

17/12/1992, J.3426

Referred by President: 14/12/1992

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted and noted 17/12/1992, J.3426

41st Report: Person Referred to in the Senate — Mr R.S. Lippiatt, PP 82/1993

12/5/1993, J.126

Referred by President: after consultation with Committee of Privileges, 26/8/1992

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • Report adopted 12/5/1993, J.126

42nd Report: Possible Adverse Treatment of a Witness before the Corporations and Securities Committee, PP 85/1993

27/5/1993, J.310

Referred by Senate: Deputy President determined precedence to motion 8/10/1992, motion moved by Senator Bell, at the request of Senator Spindler, and agreed to 12/10/1992, J.2879

Findings

  • In respect of charge F -
    1. laying the charge could deter other witnesses from appearing before other committees
    2. laying the charge had the effect of penalising a witness for having given evidence in a private capacity to a committee
    3. a contempt was committed in laying charge
  • In respect of charges A to E -
    1. charges A to E were not laid with the intention of penalising the witness, nor did the laying of these charges have such an effect
    2. on the evidence, no contempt was involved in the laying of charges A to E

Recommendations

  • that the Senate endorse the findings
  • that no penalty should be imposed in respect of the identified contempts
  • that the Senate pass a resolution relating to the study by senior public servants of the operation of Parliament and their accountability to Parliament

Action by Senate

  • report noted 27/5/1993, J.310; notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings and adopt recommendations, 27/5/1993, J.310-11

Findings and recommendations

  • debated 30/9/1993, J.557; amendment moved by Senator Cooney, negatived, findings endorsed and recommendations adopted 21/10/1993, J.684; President's response 16/3/1994, J.1413; Government response 22/8/1995, J.3650

43rd Report: Possible Threats to Senate Select Committee or Senators, PP 389/1993

15/12/1993, J.1028

Referred by Senate: President determined precedence to motion 4/5/1993, motion moved by Senator Reynolds and Senator Walters and agreed to 5/5/1993, J.67

Finding

  • committee did not find that contempt committed

Action by Senate

  • finding endorsed 3/2/1994, J.1198

44th Report: Possible Improper Interference with or Misleading Reports of Proceedings of Senate Legal and Constitutional Affairs Committee, PP 390/1993

15/12/1993, J.1028

Referred by Senate: President determined precedence to motion 8/8/1993, motion moved by Chair of Legal and Constitutional Affairs Committee (Senator Cooney) and agreed to 30/8/1993, J.405

Finding

  • committee did not find that contempt committed

Recommendation

  • that The Watchdog Association Incorporated place an appropriate notification of the matters raised in this report, and the Committee's conclusions, in The Watchdog Reporter as soon as possible after the Senate has considered and adopted this recommendation

Action by Senate

  • finding endorsed, recommendation adopted 3/2/1994, J.1198
  • Watchdog Association complied with Senate order 15/3/1994, J.1394

45th Report: Person referred to in the Senate — Mr T.T. Vajda, PP 4/1994

7/2/1994, J.1208

Referred by President: 28/1/1994

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 7/2/1994, J.1209

46th Report: Possible False or Misleading Information given to Estimates Committee E or the Senate, PP 43/1994

2/3/1994, J.1342

Referred by Senate: President determined precedence to motion 28/9/1993, motion moved by Senator Ferguson and agreed to 29/9/1993, J.528

Finding

  • committee determined that it should not find that contempt committed

Action by Senate

  • Finding endorsed 24/3/1994, J.1524

47th Report: Person Referred to in the Senate — Councillor Michael Samaras, PP 112/1994

31/5/1994, J.1713

Referred by President: 11/5/1994

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 2/6/1994, J.1746

48th Report: Possible Improper Disclosure of Document or Proceedings of Migration Committee, PP 113/1994

8/6/1994, J.1778

Referred by Senate: President determined precedence to motion 25/11/1993, motion moved by Chair of Migration Committee (Senator McKiernan) and agreed to 25/11/1993, J.901

Finding

  • committee did not find that contempt committed

Recommendation

  • that question of journalistic ethics be referred to Legal and Constitutional Affairs Committee

Action by Senate

  • finding endorsed, recommendation adopted 30/6/1994, J.1999

49th Report: Parliamentary Privileges Amendment (Enforcement of Lawful Orders, Bill 1994, PP 171/1994

19/9/1994, J.2160

Referred by Senate: Advisory report; Motion moved by Leader of the Australian Democrats (Senator Kernot) 12/5/1994, agreed to 12/5/1994, J.1683

Recommendation

  • that the Bill not be proceeded with

Action by Senate

  • report noted 19/9/1994, J.2160

50th Report: Possible Improper Interference with a Witness and Possible False or Misleading Answers given to the Senate or a Senate Committee, PP 322/1994

8/12/1994, J.2767

Referred by Senate: President determined precedence 19/5/1993. Motion moved by Senator Watson and agreed to 20/5/1993, J.214

Findings

  • that a threatening call was made to a witness and this constituted a serious contempt. The Committee was unable to discover the source of the call.
  • the witness suffered penalty or injury but the Committee could not establish whether this was as a result of his giving evidence to a committee
  • answers and evidence to the Senate and committees did not constitute a contempt

Recommendations

  • that the Senate request the Comptroller-General of Customs to circulate copies of this report to all senior officers of the Australian Customs Service
  • that the following matter be referred by the Senate to the Senate Economics Legislation Committee:

    - continuing scrutiny of the implementation of recommendations contained in the Conroy Report entitled Review of the Australian Customs Service, tabled in the Senate on 8/2/1994.

Action by Senate

  • findings endorsed and recommendations adopted 2/2/1995, J.2863

51st Report: Possible Penalty or Injury to a Witness before the Employment, Education and Training Committee, PP 4/1995

7/2/1995, J.2899

Referred by Senate: President determined precedence 30/5/1994. Motion moved by Senator Crane and agreed to 31/5/1994, J.1711

Finding

  • committee did not find that contempt committed

Action by Senate

  • finding endorsed 2/3/1995, J.3008

52nd Report: Parliamentary Privileges Amendment (Enforcement of Lawful Orders, Bill 1994 Casselden Place Reference, PP 21/1995

1/3/1995, J.2984

Referred by Senate: Advisory report; motion moved by Senator Spindler and agreed to 22/6/1994, J.830-31

Action by Senate

  • Report noted 2/3/1995, J.3008

53rd Report: Possible Threat to a Senator, PP 44/1995

22/3/1995, J.3107

Referred by Senate: President determined precedence 19/10/1994. Motion moved by Senator Parer and agreed to 20/10/1994, J.2342

Finding

  • committee did not find that contempt committed

Action by Senate

  • finding endorsed 23/3/1995, J.3136

54th Report: Possible Unauthorised disclosure of a submission to the Joint Committee on the National Crime Authority, PP 133/1995

30/6/1995, J.3602

Referred by Senate: President determined precedence 2/3/1994. Motion moved by Deputy Chairman of Joint Committee on the National Crime Authority (Senator Amanda Vanstone) and agreed to 3/3/1994, J.1359

Findings

  • that a submission and letter from a WA Police Superintendent received in camera by the Joint Committee on the National Crime Authority was improperly disclosed and that such disclosure constituted a serious contempt
  • the committee was unable to establish the source of the improper disclosure, owing to the constraints on its capacity to examine members of the SA legislature responsible for publishing and referring to the two documents in each house

Recommendation

  • if the source of the improper disclosure is subsequently revealed, that the matter again be referred to the committee, with a view to a possible prosecution for an offence under s.13 of the Parliamentary Privileges Act 1987

Action by Senate

  • findings endorsed and recommendation adopted 24/8/1995, J.3694

55th Report: Possible Penalty or Injury to a Witness Before the Standing Committee on Industry, Science, Technology, Transport, Communications and Infrastructure, PP 134/1995

30/6/1995, J.3602

Referred by Senate: President determined precedence 27/10/1993. Motion moved by Chair of Industry, Science, Technology, Transport, Communications and Infrastructure Committee (Senator Childs) and agreed to 18/11/1993, J.812

Findings

  • that a statement issued by the NT Minister for Health and Community Services could be regarded as constituting a threat to Dr Philip Nitschke
  • that Dr Philip Nitschke was penalised by the Royal Darwin Hospital through the failure to offer him an early contract for 1994 as a Resident Medical Officer
  • that the threat was not made and penalties were not imposed in consequence of Dr Nitschke's appearance before the Senate Standing Committee on Industry, Science, Technology, Transport, Communications and Infrastructure
  • committee determined that no finding of contempt be made

Action by Senate

  • findings endorsed 24/8/1995, J.3694

56th Report: Person Referred to in the Senate — Ms Yolanda Brooks, PP 135/1995

30/6/1995, J.3602

Referred by President: 20/6/1995

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • Report adopted 24/8/1995, J.3694

57th Report: Possible Penalty or Injury Imposed on Witnesses before the Senate Select Committee on Superannuation, PP 183/1995

17/10/1995, J.3937

Referred by Senate: President determined precedence 16/12/1993. Motion moved by Senator West, on behalf of Superannuation Committee, and agreed to 16/12/1993, J.1073

Finding

  • committee determined not to make finding that contempt committed

Action by Senate

  • finding endorsed 19/10/1995, J.3984

58th Report: Possible Improper Interference with a Witness before Select Committee on Unresolved Whistleblower Cases, PP 476/1995

26/10/1995, J.4069

Referred by Senate: President determined precedence 29/6/1995. Motion moved by Senator Foreman, on behalf of Chair of Select Committee on Unresolved Whistleblower Cases (Senator Murphy), and agreed to 30/6/1995, J.3600

Finding

  • no contempt of the Senate committed

Action by Senate

  • finding endorsed 9/5/1996, J.146

59th Report: Person Referred to in the Senate — Mrs Esther Crichton-Browne, PP 475/1995

1/12/1995, J.4345

Referred by President: 22/11/1995

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 9/5/1996, J.146

60th Report: Possible unauthorised disclosure of documents or private deliberations of the Select Committee on the Dangers of Radioactive Waste, PP 9/1996

30/4/1996, J.31

Referred by Senate: President determined precedence 29/6/1995; motion moved by Chair of Select Committee on the Dangers of Radioactive Waste (Senator Chapman) and agreed to 30/6/1995, J.3600

Finding

  • no question of contempt involved

Recommendation

  • that a resolution be adopted for committee proceedings following unauthorised disclosure of proceedings

Action by Senate

  • finding endorsed and recommendation adopted 20/6/1996, J.361

61st Report: Possible false or misleading statements to Senate Select Committee on Public Interest Whistleblowing, PP 10/1996

30/4/1996, J.32

Referred by Senate: President determined precedence 9/3/1995; motion moved by Chair of Select Committee on Public Interest Whistleblowing (Senator Murphy) and agreed to 21/3/1995, J. 3084
  • Finding
  • no finding of contempt should be made

Action by Senate

  • finding endorsed 20/6/1996, J.361

62nd Report: Committee of Privileges 1966-1996: History, Practice and Procedure, PP 108/1996

21/8/1996, J.481

General report: presented to the President of the Senate on 28 June 1996

Action by Senate

  • report noted 25/9/1997, J.2527

63rd Report: Possible false or misleading evidence before Select Committee on Unresolved Whistleblower Cases, PP 360/1996

5/12/1996, J.1212

Referred by Senate: President determined precedence 24/6/1996; motion moved by Chair of Select Committee on Unresolved Whistleblower Cases (Senator Murphy) and agreed to 25/6/1996, J.385

Finding

  • no finding of contempt should be made

Action by Senate

  • Finding endorsed 29/5/1997, J. 2041

64th Report: Possible false or misleading evidence before the Environment, Recreation, Communications and the Arts Legislation Committee, PP 40/1997

19/3/1997, J.1635

Referred by Senate: President determined precedence 22/8/1996; motion moved by Chair of Environment, Recreation, Communications and the Arts Legislation Committee (Senator Patterson) and agreed to 9/9/1996, J.532

Finding

  • no contempt of the Senate has been committed
  • Recommendation
  • that the Senate reaffirm the accountability of statutory authorities to Parliament

Action by Senate

  • finding endorsed and recommendation adopted 29/5/1997, J.2042

65th Report: Person referred to in the Senate — Dr Neil Cherry, PP 48/1997

25/3/1997, J.1759

President: 5/3/1997

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 25/3/1997, J.1759

66th Report: Person referred to in the Senate — Ms Deborah Keeley, PP 89/1997

29/5/1997, J.2038

President: 22/4/1997

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 29/5/1997, J.2038

67th Report: Possible threats of legal proceedings made against a Senator and other persons, PP 141/1997

3/9/1997, J.2412

Referred by Senate: President determined precedence 22/8/1995; motion moved by Senator Boswell and agreed to 23/8/1995, J.3665

Findings

  • contempt of the Senate committed by the threat of legal proceedings against a person; no contempt involved in the threat of legal proceedings against a senator

Action by Senate

  • notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings 3/9/1997, J.2412
  • findings endorsed 22/9/1997, J.2456

68th Report: Persons referred to in the Senate — Mr Ray Platt and Mr Peter Mulheron, PP 158/1997

23/9/1997, J.4278

Referred by President: 21/7/1997 and 7/8/1997

Recommendation

  • that responses be incorporated in Hansard

Action by Senate

  • report adopted 23/9/1997, J.4278

69th Report: Person referred to in the Senate — Dr Clive Hamilton, PP 183/1997

21/10/1997, J.2659

Referred by President: 29/9/1997

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 21/10/1997, J.2659

70th Report: Questions arising from proceedings of the Parliamentary Joint Committee on the National Crime Authority, PP 68/1998

6/4/1998, J.3623

Referred by Senate: Advisory report; motion moved, by leave, by Senator Ferris and agreed to 26/6/1997, J.2257

Recommendation

  • that the NCA Committee consider seeking amendment to sections 51 and 55 of the National Crimes Authority Act or that parliament consider declaratory enactment

Action by Senate

  • report noted 28/5/1998, J.3882

71st Report: Further possible false or misleading evidence before Select Committee on Unresolved Whistleblower Cases, PP 86/1998

26/5/1998, J.3839

Referred by Senate: President determined precedence 4/12/1997; motion moved by Senator Woodley and agreed to 5/12/1997, J.3240

Finding

  • no contempt has been committed

Action by Senate

  • finding endorsed 28/5/1998, J.3881

72nd Report: Possible threat of proceedings against Dr William De Maria, PP 117/1998

30/6/1998, J.4110

Referred by Senate: Documents tabled by President 25/8/1997; motion moved, by leave, by Senator Bourne and agreed to 4/9/1997, J.2438

Findings

  • the University of Queensland, in taking action against Dr William De Maria as a direct consequence of his communication with the Senate through Senator Woodley, committed a contempt
  • the committee would regard it as unsafe to conclude that Dr De Maria should be found in contempt of the Senate

Recommendation

  • that no penalty be imposed

Action by Senate

  • notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings 30/6/1998, J.4110-11
  • findings endorsed and recommendation adopted 1/12/1998, J.225

73rd Report: Possible improper interference with a potential witness before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, PP 118/1998

30/6/1998, J.4111

Referred by Senate: President determined precedence 1/10/1997; motion moved by Senator Bolkus and agreed to 2/10/1997, J.2611

Finding

  • no contempt has been committed

Recommendations

  • that the statutory powers and functions of the Australian Law Reform Commission be referred to the Legal and Constitutional Legislation Committee for inquiry and report
  • that Senate resolution of 21 October 1993 (see report 42 above) be reaffirmed and that the Senate seek a specific report, in a year's time, from each Commonwealth department, on how the terms of the resolution have been complied with.

Action by Senate

  • finding endorsed and recommendations adopted 1/12/1998, J.225

74th Report: Possible Unauthorised Disclosure of Parliamentary Committee Proceedings, PP 180/1998

9/12/1998, J.360

Advisory Report: incorporating reports on six contempt matters referred to the Committee – listed below

General Recommendation

  • that the question of publication of committee deliberations be referred to Procedure Committee

Action by Senate

  • notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings and adopt recommendations 9/12/1998, J.360
  • findings endorsed and recommendations adopted 15/2/1999, J.428

74th Report: Possible unauthorised disclosure of documents of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 23/10/1997; motion moved by Senator Evans, at the request of Senator Bolkus, and agreed to 27/10/1997, J.2717

Finding

  • no contempt has been committed

Action by Senate

  • finding endorsed 15/2/1999, J.428

74th Report: Possible unauthorised disclosures of a report of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 28/10/1997; motion moved by Senator Abetz (also on behalf of Senator Ferris) and agreed to 29/10/1997, J.2759

Finding

  • contempt of the Senate has been committed

Recommendation

  • that no penalty be imposed

Action by Senate

  • finding endorsed and recommendation adopted 15/2/1999, J.428

74th Report: Possible unauthorised disclosure of a document of the Parliamentary Joint Committee on the National Crime Authority, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 19/11/1997; motion moved by Senator McGauran and agreed to 26/11/1997, J.2991

Finding

  • the circumstances do not warrant a finding that a contempt has been committed

Action by Senate

  • finding endorsed 15/2/1999, J.428

74th Report: Possible unauthorised disclosure of a report of the Environment, Recreation, Communications and the Arts Legislation Committee, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 25/11/1997; motion moved by Senator Evans, at the request of Senator Schacht, and agreed to 26/11/1997, J.2991

Finding

  • that no contempt has been committed by certain persons but that a contempt has been committed by an unidentified officer, or officers, of a public service department

Recommendation

  • that no penalty be imposed

Action by Senate

  • finding endorsed and recommendation adopted 15/2/1999, J.428

74th Report: Possible unauthorised disclosure of a draft report of the Economics References Committee, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 11/3/1998; motion moved by Chair of Economics References Committee (Senator Jacinta Collins) and agreed to 12/3/1998, J.3379

Finding

  • a contempt of the Senate has been committed by a person or persons who disclosed a draft report of the Economics References Committee, but the Committee is unable to discover the source of the improper disclosure

Action by Senate

  • finding endorsed 15/2/1999, J.428

74th Report: Possible unauthorised disclosure of the report of the Parliamentary Joint Committee on the National Crime Authority on the Committee's third evaluation of the National Crime Authority, PP 180/1998

9/12/1998, J.360

Referred by Senate: President determined precedence 30/6/1998; motion moved by Senator McGauran and agreed to 2/7/1998, J.4162

Finding

  • it is likely that a contempt of the Senate has been committed, but the Committee has determined not to take matter further

Action by Senate

  • finding endorsed 15/2/1999, J.428

75th Report: Execution of Search Warrants in Senators' Offices, PP 52/1999

22/3/1999, J.581

Advisory report: Reference received from the Senate Procedure Committee 1/12/1998

Recommendation

  • that the general guidelines between the Australian Federal Police and the Law Council of Australia should form the basis for discussion between the Presiding Officers and the Attorney-General

Action by Senate

  • recommendation adopted 25/3/1999, J.633

76th Report: Parliamentary Privilege — Precedents, Procedures and Practice in the Australian Senate 1966-1999, PP 126/1999

22/6/1999, J.1061

General report

Action by Senate

  • report noted 26/8/1999, J.1585

77th Report: Persons Referred to in the Senate — Certain Faculty Members of Greenwich University, PP 151/1999

28/6/1999, J.1350

Referred by President: 27/5/1999

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 28/6/1999, J.1350

78th Report: Possible improper use of proceedings of Community Affairs References Committee, PP 183/1999

Referred by Senate: President determined precedence 27/5/1999; motion moved by Chair of the Community Affairs References Committee (Senator Crowley) and agreed to 27/5/1999, J.947

Findings

  • Terms of reference (a) and (b): no adjudication required
  • Term of reference (c): no contempt committed
  • Term of reference (d): no contempt found

Action by Senate

  • findings endorsed 23/9/1999, J.1739

79th Report: Possible false or misleading statements tabled in the Senate — Discontinuation of inquiry, PP 196/1999

29/9/1999, J.1792

Referred by Senate: President determined precedence 6/5/1997; motion moved by Leader of the Opposition in the Senate (Senator Faulkner), at the request of Senators Bolkus and Margetts, and agreed to 7/5/1997, J.1855-56 [Inquiry not to commence until conclusion of investigations and any legal proceedings]

Recommendation

  • that the inquiry be not further pursued

Action by Senate

  • report adopted 30/9/1999, J.1811

80th Report: Persons referred to in the Senate — Board members and staff of Electronic Frontiers Australia Inc, PP 358/1999

21/10/1999, J.1986

Referred by President: 13/10/1999

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 21/10/1999, J.1986

81st Report: Persons referred to in the Senate — Dr Chris Atkinson and Dr Chris Harper, PP 373/1999

30/11/1999, J.2159

Referred by President: 9/11/1999

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 30/11/1999, J.2159

82nd Report: Person referred to in the Senate — Ms Christine Bourne, PP 374/1999

30/11/1999, J.2159

Referred by President: 10/11/1999

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 30/11/1999, J.2159

83rd Report: Persons referred to in the Senate — Mr Raymond Rose, Principal, Bridge Business College, PP 375/1999

30/11/1999, J.2159

Referred by President: 10/11/1999

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 30/11/1999, J.2159

84th Report: Possible unauthorised disclosure of draft parliamentary committee report, PP 35/2000

7/3/2000, J.2374

Referred by Senate: President determined precedence 1/9/1999; motion moved by Senator O'Brien, at the request of Chair of Employment, Workplace Relations, Small Business and Education References Committee (Senator Collins), and agreed to 2/9/1999, J.1636

Findings

  • that persons disclosed without authority draft report of a committee
  • that persons to whom the report was disclosed should have been aware, and probably were aware, of the status of the document
  • that departmental training was inadequate
  • that the handling of the draft report constituted culpable negligence and therefore a contempt was committed

Recommendations

  • that arrangements be made for ministerial and shadow ministerial staff to attend seminar on parliamentary procedure
  • that committees mark and transmit draft reports appropriately
  • that no penalty be imposed

Action by Senate

  • notice of motion given for next day of sitting not less than 7 days after the day on which notice given that Senate endorse findings and adopt recommendations 7/3/2000, J.2374
  • findings endorsed and recommendations adopted 15/3/2000, J.2447

85th Report: Possible intimidation of a witness before the Employment, Workplace Relations, Small Business and Education References Committee, PP 36/2000

7/3/2000, J.2374

Referred by Senate: President determined precedence 11/8/1999; motion moved by Senator O'Brien, at the request of Chair of Employment, Workplace Relations, Small Business and Education References Committee (Senator Collins), and agreed to 12/8/1999, J.1481
  • Findings
  • that an officer of a Shire Council improperly interfered with and penalised another officer as a consequence of participation in committee proceedings
  • that therefore a contempt was committed
  • Recommendation:
  • that no penalty be imposed
  • Action by Senate
  • notice of motion given for next day of sitting not less than 7 days after the day on which notice given - that Senate endorse findings and adopt recommendations 7/3/2000, J.2374
  • findings endorsed and recommendations adopted 15/3/2000, J.2448

86th Report: Alleged threats to a witness before the Select Committee on A New Tax System, PP 39/2000

13/3/2000, J.2424

Referred by Senate: President determined precedence 6/12/1999; motion moved by Senator Allison and agreed to 7/12/1999, J.2189
  • Finding
  • the circumstances do not warrant a finding that a contempt has been committed
  • Action by Senate
  • finding endorsed 16/3/2000, J.2485

87th Report: Person referred to in the Senate — Mr R.T. Mincherton, PP 40/2000

13/3/2000, J.2424

Referred by President: 8/3/2000

Recommendation

  • that response be incorporated in Hansard
  • report adopted 13/3/2000, J. 2424-5

88th Report: Person referred to in the Senate — Mr N. Crichton-Browne, PP 71/2000

10/4/2000, J.2585

Referred by President: 30/3/2000

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 10/4/2000, J.2585

89th Report: Senior Public Officials' Study of Parliamentary Processes — Report on Compliance with Senate Order of 1 December 1998, PP 79/2000

13/4/2000, J.2632

Advisory report

Action by Senate

  • report noted 13/4/2000, J.2632

90th Report: Person referred to in the Senate — Dr Malcolm Colston, PP 113/2000

5/6/2000, J.2723

Referred by Deputy President: 19/4/2000

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 5/6/2000, J.2723

91st Report: Person referred to in the Senate — Mr Noel Crichton-Browne, PP 119/2000

19/6/2000, J.2797

Referred by President: 30/5/2000

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 19/6/2000, J.2797

92nd Report: Matters arising from 67th Report of the Committee of Privileges, PP 150/2000

29/6/2000, J.2997

Advisory report
  • Chair's statement Hansard 29/6/2000 p. 16040

Action by Senate

  • report noted 17/8/2000, J.3114

93rd Report: Possible unauthorised disclosure of in camera proceedings of the Economics References Committee, PP 179/2000

28/8/2000, J.3126

Referred by Senate: President determined precedence 11/5/2000; motion moved by Senator Calvert, at the request of Senator Gibson, and agreed to 11/5/2000, J.2704-5

Finding

  • the circumstances do not warrant a finding that a contempt has been committed

Action by Senate

  • finding endorsed 31/8/2000, J.3181

94th Report: Matters arising from 67th Report of the Committee of Privileges(2) – Possible Senate representation in court proceedings, PP 198/2000

4/9/2000, J.3192

Advisory report

Recommendation

  • that the Senate authorise the President, if required, to engage counsel as amicus curiae if either the action for defamation against Mr David Armstrong or a similar action against Mr William O'Chee is set down for trial.

Action by Senate

  • recommendation adopted 4/9/2000, J.3192

95th Report: Penalties for Contempt — Information Paper, PP 199/2000

4/9/2000, J.3193

Advisory report

Action by Senate

  • report noted 5/10/2000, J.3321

96th Report: Possible misleading evidence to and improper interference with witnesses before the Employment, Workplace Relations, Small Business and Education Legislation Committee, PP 118/2001

25/6/2001, J.4393

Referred by Senate: President determined precedence 27/2/2001; motion moved by Senator Collins and agreed to 28/2/2001, J.3980

Finding

  • no evidence to support any conclusion that a contempt has been committed

Action by Senate

  • finding endorsed9/8/2001, J.4650

97th Report: Person referred to in the Senate — Mr Terence O'Shane, PP 131/2001

28/6/2001, J.4458

Referred by President: 28/6/2001

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 28/6/2001, J.4458

98th Report: Person referred to in the Senate — Alderman Dr John Freeman, PP 166/2001

27/8/2001, J.4765

Referred by President: 7/8/2001

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 27/8/2001, J.4765

99th Report: Possible unauthorised disclosure of a submission to the Parliamentary Joint Committee on Corporations and Securities, PP 177/2001

30/8/2001, J.4834

Referred by Senate: President determined precedence 26/6/2000 Motion moved by Chair of Corporations and Securities Committee (Senator Chapman) and agreed to 27/6/2000, J.2098

Findings

  • that person(s) who disclosed in camera evidence to a journalist, and Nationwide News Pty Ltd, as the organisation responsible for the actions of the journalist, have committed contempt

Penalty

  • if person(s) discovered – possible fine or prosecution under the Parliamentary Privileges Act 1987;
  • Nationwide News Pty Ltd – that Senate administer a serious reprimand

Action by Senate

  • findings endorsed and penalty imposed 18/9/2001, J.4866

100th Report: Possible unauthorised disclosure of draft report of Legal and Constitutional Legislation Committee, PP 195/2001

19/9/2001, J.4882

Referred by Senate: President determined precedence 25/6/2001; motion moved by Senator Calvert, at the request of Chair of Legal and Constitutional Legislation Committee (Senator Payne), and agreed to 26/6/2001, J.4405

Findings

  • that person(s) who disclosed a draft report to a journalist, and Nationwide News Pty Ltd, as the organisation responsible for the actions of the journalist, have committed contempt

Penalty

  • no penalty should be imposed

Action by Senate

  • findings endorsed 26/9/2001, J.4974

101st Report: Persons referred to in the Senate — Staff and faculty of Greenwich University, PP 215/2001

26/9/2001, J.4976

Referred by President: 17/9/2001

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 26/9/2001, J.4976

102nd Report: Counsel to the Senate, PP 307/2002

26/6/2002, J.492

Referred by Senate: motion moved by Chair of the Privileges Committee, Senator Ray, and agreed to 20/3/2002, J.244

Conclusion

  • that a proposal to appoint counsel on a retainer, while desirable, is not efficacious

Action by Senate

  • report noted 22/8/2002, J.646

103rd Report: Possible improper influence and penalty on a senator, PP 308/2002

26/6/2002, J.492

Referred by Senate: President determined precedence 6/8/2001; motion moved by Leader of the Government (Senator Hill), at the request of Senator Tambling, and agreed to 7/8/2001, J.4597

Findings

  • that the Northern Territory Country Liberal Party purported to direct a senator as to how he should exercise a vote in the Senate and imposed a penalty on him in consequence of his vote
  • that while these actions were reckless and ill-judged, on balance a contempt should not be found

Action by Senate

  • findings endorsed 22/8/2002, J.646

104th Report: Possible false or misleading evidence before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, PP 309/2002

26/6/2002, J.492

Referred by Senate: President determined precedence 18/9/2001; motion moved by Senator McGauran, at the request of Chair of Native Title Committee (Senator Ferris), and agreed to 19/9/2001, J.4879

Finding

  • that while misleading evidence was given to the Native Title Committee, it is unlikely that it was given with deliberate intent; therefore no contempt was committed

Action by Senate

  • finding endorsed 22/8/2002, J.645

105th Report: Execution of search warrants in Senators' offices — Senator Harris, PP 310/2002

26/6/2002, J.492

Referred by Senate: President determined precedence 14/2/2002; motion moved by Senator Harris and agreed to 14/2/2002, J.91-2

Finding

  • that no contempt of the Senate was involved in the execution of the warrant, and police acted appropriately in relation to the claim of parliamentary privilege

Action by Senate

  • finding endorsed 22/8/2002, J.645

106th Report: Possible improper interference with a witness before the Senate Select Committee on a Certain Maritime Incident, PP 344/2002

27/8/2002, J.671

Referred by Senate: President determined precedence 15/5/2002; motion moved by Chair of the Select Committee on a Certain Maritime Incident (Senator Cook) and agreed to 16/5/2002, J.359

Finding

  • that there was no evidence of attempt or intention to influence the witness, and therefore no contempt of the Senate was committed

Action by Senate

  • finding endorsed29/8/2002, J.712

107th Report: Parliamentary Privilege — Precedents, Procedures and Practice in the Australian Senate 1966-2002, PP 345/2002

27/8/2002, J.672

General report

Action by Senate

  • Report noted 29/8/2002, J.712

108th Report: Persons referred to in the Senate — Mr John Hyde Page, PP 388/2002

15/10/2002, J.875

Referred by President: 16/9/2002

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 15/10/2002, J.875

109th Report: Persons referred to in the Senate — Mr Tony Kevin, PP 497/2002

22/10/2002, J.949

Referred by President: 14/10/2002

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 22/10/2002, J.949

110th Report: Persons referred to in the Senate — Dr Geoffrey Vaughan, Dr Peter Jonson and Professor Brian Anderson, PP 601/2002

10/12/2002, J.1285

Referred by President: 15/11/2002, 20/11/2002 and 2/12/2002

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 10/12/2002, J.1285

111th Report: Persons referred to in the Senate — Mr Bob Moses, on behalf of Board and Management of National Stem Cell Centre, PP 2/2003

5/2/2003, J.1458

Referred by President: 12/12/2002

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 5/2/2003, J.1458

112th Report: Possible unauthorised disclosure of draft report of Environment, Communications, Information Technology and the Arts Legislation Committee, PP 11/2003

6/2/2003, J.1475

Referred by Senate: President determined precedence 27/6/2002; motion moved by Chair of the Environment, Communications, Information Technology and the Arts Legislation Committee (Senator Eggleston) and agreed to 27/6/2002, J.524

Findings

  • that there was a deliberate and unauthorised disclosure and publication of recommendations in a draft report
  • that the discloser of the proceedings is prima facie in contempt of the Senate but that no contempt can be found against The Age publisher, editor and journalist

Action by Senate

  • findings endorsed 6/2/2003, J.1475

113th Report: Australian Press Council and Committee of Privileges Exchange of Correspondence, PP 135/2003

25/6/2003, J.1983

Advisory report
  • Chair's statement on motion to take note of report, Hansard, 25/6/2003, pp. 12529-12531

Action by Senate

  • report noted 25/6/2003, J.1983

114th Report: Execution of search warrants in senators' offices – Senator Harris Matters arising from the 105th report of the Committee of Privileges, PP 175/2003

20/8/2003, J.2245

Statement by Chair, Committee of Privileges (Senator Ray): Hansard, 5/2/2003 (pp. 8573-4), J. 1457

Recommendation

  • that the Presiding Officers and the Attorney-General finalise draft protocols for the execution of search warrants in senators' and members' offices and that the committee be given opportunity to comment on the draft

Action by Senate

  • report noted 20/8/2003, J.2245

115th Report: Persons referred to in the Senate — Board members of Electronic Frontiers Australia Inc., PP 292/2003

18/9/2003, J.2447

Referred by President: 17/9/2003

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 18/9/2003, J.2447

116th Report: Possible improper interference with a witness before the Rural and Regional Affairs and Transport Legislation Committee, PP 53/2004

2/3/2004, J.3052

Referred by Senate: President determined precedence 1/12/2003; motion moved by Senator McGauran, at the request of the Chair of the Rural and Regional Affairs and Transport Legislation Committee (Senator Heffernan) and agreed to 2/12/2003, J.2810

Finding

  • on the basis of the evidence before the committee a contempt should not be found

Action by Senate

  • finding endorsed 4/3/2004, J.3092

117th Report: Person referred to in the Senate — Dr I C F Spry QC, PP 77/2004

30/3/2004, J.3277

Referred by President: 23/3/2004

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 30/3/2004, J.3277

118th Report: Certain matters arising from the joint meetings of the Senate and the House of Representatives on 23 and 24 October 2003, PP 80/2004

1/4/2004, J.3321

Referred by Senate: Advisory report; motions moved by Senator Brown, and agreed to 29/10/2003, J.2645

Recommendation

  • that the Senate agree to a resolution, along the lines proposed by the Procedure Committee in its Third Report of 2003, that future addresses by foreign heads of state should be received by a meeting of the House of Representatives in the House chamber, to which all senators are invited as guests

Action by Senate

  • report noted 5/8/2004, J.3836

119th Report: Possible false or misleading evidence before the Environment, Communications, Information Technology and the Arts Legislation Committee, PP 177/2004

3/8/2004, J.3791

Referred by Senate: President determined precedence 23/3/2004; motion moved by Senator Mackay and agreed to 24/3/2004, J.3215

Finding

  • in the absence of any evidence of an intention to mislead, no contempt should be found

Recommendation

  • that there be laid on the table by no later than 1 March 2005 a statement of measures taken by Telstra to ensure that senior officers are appropriately trained in their obligations to Parliament, including the number and level of officers who have undergone such training and the dates of any such training

Action by Senate

  • finding endorsed and recommendation adopted 5/8/2004, J.383

120th Report: Possible unauthorised disclosure of private deliberations or draft report of Select Committee on the Free Trade Agreement between Australia and the United States of America, PP 52/2005

8/3/2005, J.432

Referred by Senate: President determined precedence 4/8/2004; motion moved by Senator Ridgeway, and agreed to 5/8/2004, J.3829

Finding

  • in the circumstances of the case no contempt should be found

Action by Senate

  • finding endorsed 10/3/2005, J.477

121st Report: Possible unauthorised disclosures of draft reports of Community Affairs References Committee, PP 58/2005

15/3/2005, J.507

Referred by Senate: President determined precedence 11/5/2004; motion moved by Senator Ferris, at the request of Senators Knowles and Humphries, and agreed to 12/5/2004, J.3403

Referred by Senate: President determined precedence 24/6/2004; motion moved by Chair of the Community Affairs References Committee (Senator McLucas) and agreed to 24/6/2004, J.3699-3700

Finding

  • that, given the inability of the committee to discover the source of the unauthorised disclosures, no contempt should be found

Action by Senate

  • finding endorsed 17/3/2005, J.568

122nd Report: Parliamentary privilege – unauthorised disclosure of committee proceedings, PP 137/2005

21/6/2005, J.781

Referred by Senate: Advisory report; motion moved by Chair of the Privileges Committee (Senator Faulkner) and agreed to 16/3/2005, J.544

Recommendation

  • that proposed revised procedures for dealing with unauthorised disclosures of committee documents be referred to the Procedure Committee for consideration

Action by Senate

  • recommendation adopted 11/8/2005, J.93

123rd Report: Possible failure by a senator to comply with the Senate's resolution relating to registration of interests, PP 224/2005

5/10/2005, J.1174

Referred by Senate: President determined precedence 15/6/2005; motion moved by Senator George Campbell, at the request of the Leader of the Opposition in the Senate (Senator Evans), and agreed to 16/6/2005, J.706

Finding

  • that although there were failures to comply with the resolution there was no evidence of an intention not to comply and, therefore, no contempt should be found

Action by Senate

  • Finding endorsed 6/10/2005, J.120

124th Report: Person referred to in the Senate – Professor David Peetz, PP 405/2005

6/12/2005 J.1652

Referred by President: 29/11/2005

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 6/12/2005, J.1652

125th Report: Parliamentary privilege – Precedents, procedures and practice in the Australian Senate 1966-2005, PP 3/2006

Presented to the President under standing order 387 on 19/12/2005 tabled 7/2/2006, J.1787

General report  

126th Report: Person referred to in the Senate – Professor Barbara Pocock, PP 41/2006

27/2/2006, J.1883

Referred by President: 6/2/2006

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 27/2/2006, J.1883

127th Report: Persons referred to in the Senate – Certain persons on behalf of the Exclusive Brethren, PP 122/2006

21/6/2006, J.2328

Referred by President: 8/6/2006

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 21/6/2006, J.2328

128th Report: Person referred to in the Senate – Mr Karl J. O'Callaghan, APM Commissioner of Police, Western Australia, PP 155/2006

16/8/2006, J.2514

Referred by President: 3/8/2006

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 16/8/2006, J.2514

129th Report: Person referred to in the Senate – Dr Clive Hamilton, PP 388/2006

8/11/2006, J.3027

Referred by President: 30/10/2006

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 8/11/2006, J.3027

130th Report: Person referred to in the Senate – Mr Darryl Hockey, PP 131/2007

7/8/2007, J.4081

Referred by President: 29/3/2007

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 7/8/2007, J.4081

131st Report: Possible false or misleading evidence and improper refusal to provide information to the Finance and Public Administration Committee, PP 171/2007

11/9/2007, J.4328

Referred by Senate: President determined precedence 6/2/2007; motion moved by Senator Forshaw and agreed to 7/2/2007, J.3382

Findings

  • there was a refusal to provide information, but in view of repeated refusal to provide it committee unable to find that false or misleading evidence given
  • unable to find a contempt against the person who refused to provide information as this would have involved allowing him to examine a member of the House of Representatives

Recommendation

  • that the Senate accept that the matter not amenable to further pursuit by exercise of formal inquiry powers

Action by Senate

  • findings endorsed, recommendation agreed to 20/9/2007, J.4463

Oral Report: Unauthorised disclosure of committee proceedings

13/9/2007, J.4369

Advisory report

Recommendation

  • that the order of 6/10/2005 relating to unauthorised disclosure of committee proceedings operate as an order of continuing effect

Action by Senate

  • recommendation adopted 17/9/2007, J.4388

132nd Report: Persons referred to in the Senate – Indonesian Forum for Environment, PP 173/2007

17/9/2007, J.4389

Referred by President: 10/9/2007

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 17/9/2007, J.4389

133rd Report: Possible false or misleading evidence before the Legal and Constitutional Affairs Committee, PP 260/2008

15/5/2008, J.427

Additional information tabled 26/6/2008, J.662

Referred by Senate: President determined precedence 17/9/7. Motion moved by Senator Nettle and agreed to 18/9/2007, J.4415

Finding

  • no contempt was committed

Action by Senate

  • motion to endorse finding moved 15/5/2008, J.427

134th Report: Effective Repetition, PP 275/2008

18/6/2008, J.527

Advisory report

Recommendation

  • that the Senate endorse the principles outlined in paragraph 1.18 to guide any amendment of the Parliamentary Privileges Act 1987 to address the issue of effective repetition

Action by Senate

  • recommendation adopted 18/6/2008, J.527

135th Report: Persons referred to in the Senate – Certain persons on behalf of the Exclusive Brethren Christian Fellowship, PP 338/2008

24/9/2008, J.940

Referred by President: 17/9/2008

Recommendation

  • that the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard

Action by Senate

  • report adopted 24/9/2008, J.940

136th Report: Persons referred to in the Senate – Mr Barry Williams, President of the Lone Fathers Association of Australia Inc, PP 4/2009

10/2/2009, J.1579

Referred by President: 3/2/2009

Recommendation

  • that the response by Mr Barry Williams be incorporated in Hansard

Action by Senate

  • report adopted 10/2/2009, J.1579

137th Report: Persons referred to in the Senate – Mr Anthony and Mrs Brenda Bird, members of the Exclusive Brethren, PP 5/2009

10/2/2009, J.1579

Referred by President: 17/9/2008

Recommendation

  • that the response by Mr and Mrs Bird be incorporated in Hansard

Action by Senate

  • report adopted 10/2/2009, J.1579

138th Report: Persons referred to in the Senate – The Medical Council of Tasmania, PP 176/2009

14/9/2009, J.2467

Referred by President: 26/8/2009

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 14/9/2009, J.2467

139th Report: Persons referred to in the Senate – Mr Alan Cummine, PP 192/2009

26/10/2009, J.2579

Referred by President: 16/10/2009

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 26/10/2009, J.2579

140th Report: Persons referred to in the Senate – Mr Richard Stanton, PP 301/2009

29/10/2009, J.2693

Referred by President: 16/10/2009

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 29/10/2009, J.2693

141st Report: Possible interference with, or imposition of a penalty on, a witness before the Legal and Constitutional Affairs References Committee, PP 318/2009

23/11/2009, J.2817

Referred by Senate: President determined precedence 9/9/2009, J.2419; motion moved by Senator Barnett and agreed to 10/9/2009, J.2444
  • no contempt should be found but Chairs' Committee to consider adequacy of information provided to witnesses

Action by Senate

  • report adopted 4/2/2010, J.3153

142nd Report: Matters arising from the Economics Legislation Committee hearing on 19 June 2009 (referred 24 June and 12 August 2009), PP 396/2009

25/11/2009, J.2873

Referred by Senate: President determined precedence 23/6/2009 and 11/8/2009; motions moved by Senator Heffernan and Senator Evans and agreed to 24/6/2009, J.2173 and 12/8/2009, J.2278
  • extensive findings on two references including that Mr Grech's state of health prevented an assessment of his culpability, necessary for a finding of contempt. Matters arising to be considered by the President and the Chairs' Committee

Action by Senate

  • report adopted 25/2/2010, J.3236

143rd Report: Persons referred to in the Senate – Vicki Dunstan on behalf of the Church of Scientology, PP 9/2010

4/2/2010 J.3147

Referred by President: 11/1/2010

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 4/2/2010, J.3147-48

144th Report: Statutory secrecy provisions and parliamentary privilege – an examination of certain provisions of the Tax Laws Amendment (Confidentiality of Taxpayer Information, Bill 2009, PP 127/2010

4/6/2010 out of session, 15/6/2010, J.3532

Referred by Senate: Advisory report; motion moved by Senator Brandis (Chair) and agreed to 18/3/2010, J.3399

Recommendation

  • that the bill be amended to remove provisions limiting parliamentary privilege
  • that the Procedure Committee consider adequacy of existing procedural safeguards
  • that the Clerk offer parliamentary training to Tax Office staff

Action by Senate

  • government amendments to bill implementing recommendations still before the Senate

145th Report: Persons referred to in the Senate – Mr Geordie Guy on behalf of Electronic Frontiers Australia Inc, PP 133/2010

22/6/2010, J.3663

Referred by President: 7/4/2010

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 22/6/2010, J.3663

146th Report: Persons referred to in the Senate - Ms Vicki Dunstan on behalf of the Church of Scientology Australia, PP 134/2010

22/6/2010, J.3663

Referred by President: 11/5/2010

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 22/6/2010, J.3663

147th Report: Persons referred to in the Senate – Reverend Monsignor Ian Dempsey, PP 222/2011

22/9/2011 J.1562

Referred by President: 21/9/2011

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 22/9/2011, J.1562

Report: The adequacy of advice contained in the Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters for officials considering participating in a parliamentary committee whether in a personal capacity or otherwise

28/9/2010, J.37, interim

Interim Report  

148th Report: Person referred to in the Senate — Mr Ian Lazar, PP 267/2011

13/10/2011, J.1641

Referred by President: 30/9/2011

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 13/10/2011, J.1641

149th Report: Person referred to in the Senate: Mr Henry Ergas, PP 375/2011

7/11/2011, J.1760

Referred by President: 15/10/2011

Recommendation

  • that the response be incorporated in Hansard

Action by Senate

  • report adopted 7/11/2011, J.1760

150th Report: Whether there was any improper influence in relation to political donations made by Mr Graeme Wood and questions without notice asked by Senator Bob Brown and Senator Milne, PP 69/2012

19/3/2012, J.2285

Referred by Senate: President determined precedence 23/11/2011; motion moved by Senator Kroger and agreed to 24/11/2011, J.1945

Findings

  • no question of contempt arises but processes for rasing and referring matters of privilege be referred to the Procedure Committee

Action by Senate

  • report adopted 22/3/2012, J.2375

151st Report: Possible imposition of a penalty on, or interference with, a witness before the Rural Affairs and Transport References Committee, PP 95/2012

22/3/2012, J.2370

Referred by Senate: President determined precedence 16/8/2011; motion moved by Senator Kroger on behalf of Senator Heffernan and agreed to 17/8/2011, J.1257

Findings

  • that no contempt should be found

Action by Senate

  • adopted by 23/8/2012, J.2887

152nd Report: Possible unauthorised disclosure of the draft report of the Select Commttee on Electricity Prices, PP 111/2013

14/05/2013, J.3894-5

Referred by Senate: President determined precedence 20/11/2012, J.3312 Motion moved by Senator Thistlethwaite and agreed to 21/11/2012, J.3343-4

Recommendation

  • that no contempt should be found

Action by Senate

  • report adopted 4/3/2014, J.530

153rd Report: Guidance for Officers giving evidence and providing information, PP 204/2013

24/6/2013, J.4150

Referred by Senate: Advisory report; motion moved by Senator Parry at the request of the Chair of the Privileges Committee and agreed to 21/3/2011, J.700

Action by Senate

  • motion to note report lapsed at the end of the 43rd Parliament

154th Report: Persons referred to in the Senate: Ms Deborah Hegarty and Mr Peter Ross Hegarty, PP 205/2013

24/6/2013, J.4150

Referred by President: 20/6/2013

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 24/6/2013, J.4150

155th Report: Person referred to in the Senate: Father Frank Brennan SJ AO, PP 473/2013

12/12/2013, J.390

Referred by President: 10/12/2013

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 12/12/2013, J.390

156th Report: Person referred to in the Senate: Mr Bernard Collaery,
PP 123/2014

15/5/2014, J.831

Referred by President: 15/4/2014

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 15/5/2014, J.831

157th Report: Person referred to in the Senate: Professor Simon Chapman AO, PP 140/2014

14/7/2014, J.1156

Referred by President: 24/6/2014

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 14/7/2014, J.1156

158th Report: Person referred to in the Senate: Ms Heather Sculthorpe, Tasmanian Aboriginal Centre Inc, PP 192/2014

2/10/2014, J.1596

Referred by President: 1/10/2014

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 2/10/2014, J.1596

159th Report: Persons referred to in the Senate: Mr Alan Manly and Ms Jennifer McCarthy, Group Colleges Australia, PP 424/2014

2/12/2014, J.1947

Referred by President: 14/11/2014

Recommendation

  • that response be incorporated in Hansard

Action by Senate

  • report adopted 2/12/2014, J.1947

160th Report: The use of CCTV material in Parliament House, PP 429/2014

5/12/2014, J.2019

Senate: President determined precedence 17/6/2014, J.882; joint motion moved by the Chair of the Finance and Public Administration Legislation Committee (Senator Bernardi) and Senator Faulkner and agreed to 18 June 2014

Recommendations:

  • that no contempt should be found
  • that the Presiding Officers should develop a new CCTV Code of Practice emphasising accountability and appropriate regard for the powers and immunities of the Houses and their members
  • that the administrators of the CCTV system and similar systems acquaint themselves with the principles of privilege
  • that misleading evidence by the Secretary, DPS be drawn to the attention of the Finance and Public Administration Legislation Committee

    Action by Senate:

  • adopted 12/2/2015, J.2183

161st Report: Possible imposition of a penalty on a witness before the Rural and Regional Affairs and Transport References Committee, PP 219/2015

12/8/2015, J.2925

Senate: President determined precedence 16/7/2014, J.1197; joint motion moved by the chairs of the Rural and Regional Affairs and Transport References Committee (Senator Sterle) and Legislation Committee (Senator Heffernan) and agreed, 17/7/2104, J.1238. Reference subsumed earlier matter, in which President determined precedence 10/7/2014, J.1117; motion moved by Senator Xenophon and agreed to 14/7/2014, J.1156.

Recommendation:

  • that no contempt should be found

    Action by Senate:

  • adopted 13/8/2105, J.2949

162nd Report: Possible false or misleading evidence given to the former Nauru select committee, PP 179/2016

4/5/2016, J.4240

Senate: President determined precedence 9/11/2015, J.3302; motions moved by Senator Di Natale and Senator Urquhart (on behalf of Senator Gallacher) and agreed to on 10/11/2015, J.3335.

Recommendation:

  • that no contempt should be found

Action by Senate:

  • adopted 4/5/2016, J.4240

163rd Report: Status of material seized under warrant, PP 454/2016

1/12/2016, J.767

Referred by Senate: Preliminary report; motion moved by Senator Wong and agreed to 31/8/2016, J.74.

Recommendation:

  • that the committee be empowered to examine the material
  • that the committee be authorised to appoint specialist advisers with the approval of the President

Action by Senate:

  • adopted 1/12/2016, J.767

* Before passage of Privilege Resolutions on 25 February 1988 all matters were referred to the Committee of Privileges by the Senate.

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