Appendix 4

Matters of privilege raised and rulings of the President
Date, Journal reference Senator Subject Ruling regarding determination of precedence
15/3/1988, J.544 Chaney Circulation of petition Given
17/5/1988, J.711 Walters Alleged publication of Joint Select Committee on Video Material proceedings Not Given
20/10/1988, J.1040
1/11/1988, J.1045
2/11/1988, J.1067
Chaney Possible interference with witnesses in consequence of their giving evidence before Senate Select Committee on Administration of Aboriginal Affairs Given
7/11/1988, J.1089 Chaney Possible false or misleading evidence and manipulation of evidence before Senate Committees — Travel by Aboriginal community representatives Given
10/11/1988, J.1123
22/11/1988, J.1129
Chaney Freedom of speech and protection of citizens' rights Drew attention to resolution 9 and was considering submission under resolution 5
5/12/1988, J.1237 MacGibbon Possible false or misleading evidence before a Senate Estimates Committee —Department of Defence Project Parakeet Given
8/12/1988, J.1276 Black Possible improper interference with a witness — Drugs in Sport inquiry Given
9/3/1989, J.1458 Peter Baume Possible adverse treatment of a witness before the Select Committee on the Administration of Aboriginal Affairs Given
30/5/1989, J.1737 McGauran Alleged unauthorised recording of a meeting in a committee room Not Given
16/8/1989, J.1942
17/8/1989, J.1946
Hamer Teague Newman Possible unauthorised disclosure of Senate Committee report Given
5/12/1989, J.2313 Crowley Possible unauthorised disclosure of Senate Committee submission Given
23/8/1990, J.232 Newman Possible misleading evidence before a Senate Estimates Committee — Department of Defence — asbestos in RAN ships Given
17/10/1990, J.349 Crowley Possible improper influence or penalty on a witness in respect of evidence given before a Senate Committee Given
8/11/1990, J.395 Hill Possible improper interference with a witness and possible misleading evidence before the National Crime Authority Committee Given
2/4/1992, J.2178 Zakharov Possible improper interference with witnesses before the Community Affairs Committee Given
8/10/1992, J.2845 Reid Spindler Possible adverse treatment of a witness before the Corporations and Securities Committee Given
4/5/1993, J.11 Walters Alleged threats against Senators in relation to decisions concerning x-rated videos Given
4/5/1993, J.11 Reynolds Alleged threat to a Senate Committee or to Senators in relation to the performance of their duties Given
19/5/1993, J.193 Watson Possible improper interference with a witness before the Public Accounts Committee Given
19/5/1993, J.193 Watson Possible false or misleading evidence given to the Senate or a Senate Committee — Midford Paramount inquiry Given
30/8/1993, J.405 Cooney Possible improper interference with or misleading reports of proceedings of Senate Legal and Constitutional Affairs Committee Given
29/9/1993, J.528 Ferguson Possible false or misleading information given to Senate or Estimates Committee Given
27/10/1993, J.715
18/11/1993, J.19811
Childs Possible improper interference with a witness before the Standing Committee on Industry, Science, Technology, Transport Communications and Infrastructure Given
25/11/1993, J.19901 McKiernan Possible unauthorised disclosure of Joint Standing Committee on Migration document or proceedings Given
16-17/12/1993, J.1072 West Possible improper interference with witnesses in consequence of their giving evidence to the Senate Select Committee on Superannuation Given
3/3/1994, J.1359 Vanstone Possible unauthorised disclosure of a submission to the Joint Committee on the National Crime Authority Given
30/5/1994, J.1692 Crane Possible improper interference with a witness in consequence of his giving evidence to the Senate Committee on Employment, Education and Training Given
12/5/1994 , J.1683-4
22/6/1994, J.1831
Kernot Spindler Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994, including refusal of Minister for Trade (Senator McMullan) to produce documents, and Auditor-General's report thereon Not applicable
19/9/1994, J.2151
22/9/1994, J.2219
Vanstone Alleged unauthorised disclosures and false and misleading accounts of Joint Committee of the National Crime Authority proceedings Not given
19/10/1994, J.2328 Parer Alleged threats to a Senator Given
9/3/1995, J.3069 Murphy Newman Alleged false or misleading information given to the former Select Committee on Public Interest Whistleblowing Given
28/3/1995, J.3175-6
29/3/1995, J.3182-4
Evans Whether the action of a Senator in tabling a document containing the tax file number of a person could be held to constitute a contempt of the Senate Not applicable
29/6/1995, J.3585-6 Chapman Alleged unauthorised disclosure of documents and private deliberations of the Select Committee on the Dangers of Radioactive Waste Given
29/6/1995, J.3594 Murphy Alleged improper interference with a witness as a result of that witness giving evidence to the Select Committee on Unresolved Whistleblower Cases Given
22/8/1995, J.3640-1 O'Chee Boswell Alleged threats to persons and to a senator for provision of information Given
30/11/1995,
1/12/1995am, J.4323
Vanstone Alleged unauthorised disclosure of draft report of Joint Committee on the National Crime Authority Given, but President recommended that matter not be proceeded with because it had been raised in the House of Representatives
24/6/1996, J.364-5 Murphy Alleged false or misleading evidence given to the Select Committee on Unresolved Whistleblower Cases Given
22/8/1996, J.491 Patterson Alleged false or misleading evidence given to the Environment, Recreation, Communications and the Arts Legislation Committee Given
6/5/1997, J.1830 Margetts Bolkus Alleged false or misleading statements tabled in the Senate Given
1/10/1997, J.2582 Bolkus Possible improper interference by the Attorney-General and his officers with potential witnesses before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund Given
23/10/1997, J.2685 Bolkus Possible unauthorised disclosure of documents of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund Given
28/10/1997, J.2733 Abetz Ferris Possible unauthorised disclosures of a report of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund Given
19/11/1997 , J.2917-8 Ferris McGauran Possible unauthorised disclosure of a document of the Parliamentary Joint Committee on the National Crime Authority Given
25/11/1997, J.2966 Schacht Possible unauthorised disclosure of a draft report of the Environment, Recreation, Communications and the Arts Legislation Committee Given
4/12/1997, J.3206 Woodley Possible misleading evidence before the Select Committee on Unresolved Whistleblower Cases Given
11/3/1998, J.3361 Collins, J. Possible unauthorised disclosure of a draft report of the Economics References Committee Given
25/3/1998 , J.3449-50 Brown Alleged failure of Senator Parer to register and declare relevant interests in accordance with the resolutions of the Senate of 17 March 1994 relating to senators' interests Given, but motion to refer matter to committee negatived (26/3/1998, J.3462-3)
30/6/1998, J.4105 McGauran 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 Given
27/5/1999, J.19947 Crowley Possible injury or harm to witnesses and possible misrepresentation or unauthorised disclosure of committee proceedings and documents Given
11/8/1999, J.1457 Collins Possible injury or harm to witnesses in consequence of their giving evidence before the Employment, Workplace Relations, Small Business and Education References Committee Given
1/9/1999, J.1615 Collins Possible unauthorised disclosure of, and dealings with, a draft report of the Employment, Workplace Relations, Small Business and Education References Committee Given
6/12/1999, J.2171 Allison Alleged threats against persons who made submissions to the Select Committee on A New Tax System Given
11/5/2000, J.2704 Gibson Possible unauthorised disclosure of in camera proceedings of the Economics References Committee Given
26/6/2000, J.2888 Chapman Possible unauthorised disclosure of a submission to the Joint Committee on Corporations and Securities Given
27/2/2001, J.3948 Collins Possible improper interference with witnesses and possible false or misleading evidence before the Employment, Workplace Relations, Small Business and Education Legislation Committee Given
25/6/2001, J.4388 Payne Possible unauthorised disclosure of a draft report of the Legal and Constitutional Legislation Committee Given
6/8/2001, J.4547 Tambling Possible improper interference with and penalty on a senator Given
18/9/2001, J.4854 Ferris Possible misleading evidence before Native Title Committee Given
14/2/2002, J.1991-2 Harris Execution of search warrants in senators' offices Given
15/5/2002, J.352 Cook Possible improper influence and interference with a witness Given
27/6/2002, J.524 Eggleston Unauthorised disclosure of draft report Given
1/12/2003, J.2777 Heffernan Possible improper interference with a witness Given
24/3/2004, J.3215 Mackay Possible misleading evidence before Environment, Communications, Information Technology and the Arts Legislation Committee Given
11/5/2004, J.3363 Knowles and Humphries Unauthorised disclosure of draft report Given
24/6/2004, J.3699 McLucas Unauthorised disclosure of draft report Given
4/8/2004, J.3808 Ridgeway Unauthorised disclosure of draft report Given
10/5/2005, J.574 Evans Alleged failure of Senator Lightfoot to provide a statement to the Registrar of Senators' Interests relating to sponsored trip to Iraq Given, but motion withdrawn following apology by Senator Lightfoot (11/5/2005, J.610)
15/6/2005, J.684 Evans Alleged failure of Senator Lightfoot to provide a statement to the Registrar of Senators' Interests relating to share ownerships and transactions Given
16/8/2005, J.19953 Brown Conduct by Senator McGauran in the chamber on 11 August 2005 Not given
5/9/2005, J.19997 Finance and Public Administration References Committee Apparent conflict between an answer to a question given by a witness and the facts as subsequently disclosed to the committee Given, but motion to refer matter to committee negatived (7/9/2005, J.1050)
7/2/2007, J.3382 Forshaw and Murray Whether false or misleading evidence was given to the Finance and Public Administration Committee and whether there was an improper refusal to provide information to the committee Given
18/9/2007, J.4415 Nettle Whether false or misleading evidence was given to the Legal and Constitutional Affairs Committee or any other Senate committee concerning the government's knowledge of the rendition of Mr Mamdouh Habib to Egypt Given
23/6/2009, J.2161–2 Heffernan Whether any adverse action was taken against Mr Godwin Grech in consequence of his evidence before the Economics Legislation Committee on 19 June 2009 Given
24/6/2009, J.2181 Ludwig Whether any false or misleading evidence was given to the Economics Legislation Committee on 19 June 2009 and whether there was any improper interference with the proceedings of the committee, or misleading of the committee, by use of a false document Given, but motion to refer matter to committee negatived (25/6/2009, J.2194-5)
11/8/2009, J.2221-22 Evans Whether false or misleading evidence was given to the Economics Legislation Committee on 19 June 2009 and whether there was any improper interference with the proceedings of the committee or misleading of the committee by use of a false document Given
11/8/2009, J.2221-2 Fielding Whether there was manipulation of evidence to the Economics Legislation Committee on 19 June 2009 or to the Standing Committee on Economics on 22 October 2008 by pre-arrangement of questions and answers Given, but motion to refer matter to committee negatived (12/8/2009, J.2279-80)
7/9/2009, J.2381 Milne Whether false or misleading evidence had been given to the committees examining the Carbon Pollution Reduction Scheme legislation by corporations who gave different assessments to their shareholders and the market Not given
9/9/2009 , J.2419 Barnett, Chair of the Legal and Constitutional Affairs References Committee Whether there was any improper interference with or imposition of a penalty on a witness before the Legal and Constitutional Affairs References Committee Given
16/8/2011, J.1238 Heffernan, Chair of the Rural Affairs and Transport References Committee Whether there was any threat to, improper interference with or imposition of a penalty on a witness before the Rural Affairs and Transport References Committee Given
23/11/2011, J.1905 Kroger Whether there was any improper influence of Senators Bob Brown and Milne or offer of inducement in respect of certain political donations Given
25/11/2011, J.1968 Bob Brown Whether there was any improper influence of Senator Boswell or offer of inducement in respect of certain political donations Not given; notice of motion to refer matter to Privileges Committee withdrawn 22/3/2012
7/2/2012, J.2008 Bob Brown Whether there was any improper influence of Senator Boyce on offer of inducement in respect of certain sponsored travel and hospitality Not given; notice of motion to refer matter to Privileges Committee withdrawn 22/3/2012
7/2/2012, J.2008 Bob Brown Whether there was any improper influence of Senator Cash or offer of inducement in respect of certain shareholdings Not given; notice of motion to refer matter to Privileges Committee withdrawn 22/3/2012
21/11/2012, J.3343 Thistlethwaite, Former Chair of the Select Committee on Electricity Prices Whether there was any unauthorised disclosure of the draft report of the Select Committee on Electricity Prices Given
17/6/2014, J.882 Bernardi, Chair of the Finance and Public Administration Legislation Committee, and Faulkner Whether the use of CCTV images might improperly interfere with the free performance of any senators' duties; and whether disciplinary action was taken against a person for providing information to a senator Given
10/7/2014, J.1117 Xenophon Whether there was any imposition of a penalty on a witness before the Rural and Regional Affairs and Transport References Committee or of a person providing information to the committee Given
16/7/2014, J.1197 Heffernan, Chair of the Rural and Regional Affairs and Transport Legislation Committee, and Sterle, Chair of the Rural and Regional Affairs and Transport References Committee Whether there was any imposition of a penalty on a witness before the Rural and Regional Affairs and Transport Legislation or References Committees or on a person providing information to the committees Given
12/10/2015, J.3189 McKenzie, Siewert and Peris, members of the former Joint Select Committee on the Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples Whether there was any unauthorised disclosure of a draft report of the committee Not given; report of preliminary investigation by Privileges Committee tabled, J.3189
12/10/2015, J.3189 Edwards Whether there was any unauthorised disclosure of a draft report of the Economics References Committee Not given
9/11/2105, J.3302 Senator Di Natale Whether any false or misleading evidence was given to the former Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru Given
9/11/2105, J.3302 Senator Gallacher Whether any false or misleading evidence was given to the former Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru Given
4/5/2016, J.4426 Senator McAllister, Chair of the Finance and Public Administration References Committee Whether, in declining to appear before a Senate committee, a senator disobeyed a lawful order of the Senate without reasonable excuse Given
31/8/2016, J.65 Senator Conroy Whether actions undertaken in connection with the execution of search warrants improperly interfered with the free performance of a senator's duties, and whether adverse action was taken against a person in connection with their alleged provision of information to a senator Given
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