Appendix 3

COMMITTEE OF PRIVILEGES REPORTS 1966–2008

REPORT

DATE MATTER REFERRED

REFERRED BY

DATE REPORT TABLED

FINDINGS/ RECOMMENDATIONS

ACTION BY SENATE

Unauthorised Publication of Draft Committee Report (No. 1) PP No. 163/1971

4/5/71 (J.555)

Senate:*

Motion moved by Chairman of Select Committee on Drug Trafficking and Drug Abuse (Senator Marriott) and agreed to 4/5/71

 

13/5/71 (J.605)

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

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

Executive Government Claim of Privilege (No. 2) PP No. 215/1975

17/7/75 (J.836)

 

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 17/7/75

 

7/10/75 (J.936)

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)

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

Security in Parliament House (No. 3) PP No. 22/1978

4/4/78 (J.88-9)

Senate:

Motion moved by Senator Button, amendment moved by Senator Chaney agreed to, motion as amended agreed to 4/4/78

30/5/78 (J.207)

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

Report noted 17/8/78 (J.310)

Quotation of Unparliamentary Language in Debate (No. 4) PP No. 214/1979

29/5/79 (J.748)

Senate:

Motion moved by Senator Georges and agreed to 29/5/79

20/9/79 (J.936)

Finding

  • question not a matter of privilege

Recommendation

  • matter should be referred to Standing Orders Committee for consideration

Report adopted 20/9/79 (J.936)

Imprisonment of a Senator (No. 5) PP No. 273/1979

30/8/79 (J.901-2)

Senate:

Motion moved by Senator Georges and agreed to 30/8/79

25/10/79 (J.1000)

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

Resolutions agreed to 26/2/80 (J.1153)

Harassment of a Senator (No. 6) PP No. 137/1981

26/5/81 (J.271-2)

Senate:

Motion moved by Senator Harradine and agreed to 26/5/81

11/6/81 (J.388)

Finding

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

Report adopted 22/10/81

(J.591)

Unauthorised Publication of Committee Evidence taken in camera (No. 7) PP No. 298/1984

14/6/84 (J.992), 22/8/84 (J.1029)

Senate:

Motion moved by Chairman of Select Committee on the Conduct of a Judge (Senator Tate) and agreed to 14/6/84

Motion moved by Chairman of Committee of Privileges (Senator

Childs) and agreed to 27/8/84

 

17/10/84 (J.1243)

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

Report adopted 24/10/84 (J.1295)

Question of Appropriate Penalties Arising from the 7th Report of the Committee (No. 8) PP No. 239/1985

27/2/85 (J.64)

Senate:

Motion moved by Chairman of Standing Committee of Privileges (Senator Childs) and agreed to 27/2/85

23/5/85 (J.317)

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

The Improper Disclosure and Misrepresentation by a Departmental Officer of an Amendment Prepared for Moving in the Senate (No. 9) PP No. 506/1985

23/4/85 (J.193)

Senate:

Motion moved by Senator Haines and agreed to 23/4/85

16/9/85 (J.454)

Recommendation

  • that matter be not further pursued

Report adopted 18/9/85 (J.470)

Detention of a Senator (No. 10) PP No. 433/1986

13/11/85 (J.594)

Senate:

Motion moved by Senator Reynolds and agreed to 13/11/85

5/12/86 (J.1571)

Recommendations

  • that certain resolutions be passed

  • that the Senate give consideration to the alteration of the immunity from arrest and detention

Resolutions agreed to 18/3/87 (J.1693-4)

The Circulation of Petitions (No. 11) PP No. 46/1988

16/3/88 (J.556)

Senate: Advisory Report

President determined precedence to notice of motion 15/3/88, motion moved by Leader of the Opposition in the Senate (Senator Chaney) 16/3/88, amendment moved by Senator Collins agreed to, motion as amended agreed to 16/3/88.

2/6/88 (J.843)

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

Report noted 2/11/88 (J.1065)

Person Referred to in the Senate — Mr T. Motion (No. 12) PP No. 385/1988

30/11/88

President

7/12/88 (J.1264)

Recommendation

  • that response be incorporated in Hansard

Report adopted 13/12/88 (J.1297)

Person Referred to in the Senate — Mr I R Cornelius (No. 13) PP No. 386/1988

12/12/88

President

14/12/88 (J.1314)

Recommendation

  • that response be incorporated in Hansard

Report adopted 14/12/88 (J.1314)

Possible False or Misleading Evidence and Manipulation of Evidence before Senate Committees — Travel by Aboriginal Community Representatives (No. 14) PP No. 461/1989

8/11/88 (J.1098-9)

Senate:

President determined precedence to notice of motion 7/11/88, motion moved by Leader of the Opposition in the Senate (Senator Chaney) and agreed to 8/11/88

28/2/89 (J.1385)

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

Report noted 12/4/89 (J.1549)

Possible False or Misleading Evidence before a Senate Estimates Committee — Department of Defence Project Parakeet (No. 15) PP No. 461/1989

6/12/88 (J.1247)

Senate:

President determined precedence to notice of motion 5/12/88, motion moved by Senator MacGibbon and agreed to 6/12/88

6/3/89 (J.1433-4)

Findings

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

Report noted 12/4/89 (J.1549)

Person Referred to in the Senate — Mr C Wyatt (No. 16) PP No. 461/1989

11/4/89

President

5/5/89 (J.1606)

Recommendation

  • that response be incorporated in Hansard

Report adopted 5/5/89 (J.1606)

Possible Improper Interference with a Witness — Drugs in Sport Inquiry (No. 17) PP No. 461/1989

8/12/88 (J.1276-7)

Senate:

President determined precedence to notice of motion 8/12/88, motion moved by Chairman of Environment, Recreation and the Arts Committee (Senator Black), by leave, and agreed to 8/12/88

5/6/89 (J.1792) Note: finding separately reported to Senate 11/5/89 (J.1662)

Finding

  • because requisite intention not established, no contempt committed

Finding endorsed 4/10/89 (J.2087-8)

Possible Interference with Witnesses in Consequence of their giving evidence before Senate Select Committee on Administration of Aboriginal Affairs (No. 18) PP No. 461/1989

3/11/88 (J.1070)

Senate:

President determined precedence to notice of motion 2/11/88, motion moved by Leader of the Opposition in the Senate (Senator Chaney) and agreed to 3/11/88

16/6/89 (J.1921)

Findings

  • 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

Findings endorsed 4/10/89 (J.2087)

Person Referred to in the Senate — Sir Charles Court (No. 19) PP No. 461/1989

25/9/89

President

27/10/89 (J.2171)

Recommendation

  • that response be incorporated in Hansard

Report adopted 27/10/89 (J.2171)

Possible Unauthorised Disclosure of Senate Committee Report (No. 20) PP No. 461/1989

18/8/89 (J.1961)

Senate:

President determined precedence to notice of motion 17/8/89, motion moved by Senator Hamer, at the request of Senator Teague, and agreed to 18/8/89

21/12/89 (J.2445)

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

Findings endorsed and recommendations adopted 16/5/90 (J.96-7)

Possible Adverse Treatment of a Witness before the Select Committee on the Administration of Aboriginal Affairs (No. 21) PP No. 461/1989

9/3/89 (J.1458-9)

Senate:

President determined precedence to notice of motion 9/3/89, motion moved by Senator P Baume, debated and agreed to 9/3/89

22/12/89 (J.2465)

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

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 22/12/89 (J.2466). Fresh notice given 9/5/90 (J.37). Findings endorsed 16/5/90 (J.97)

Possible Unauthorised Disclosure of Senate Committee Submission (No. 22) PP No. 45/1990

6/12/89 (J.2321)

Senate:

President determined precedence to notice of motion 5/12/89, motion moved by Chairman of Select Committee on Health Legislation and Health Insurance (Senator Crowley) and agreed to 6/12/89

9/5/90 (J.41)

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

Finding endorsed and recommendations adopted 23/5/90 (J.130)

Person Referred to in the Senate — Mr A E Harris (No. 23) PP No. 45/1990

26/2/90

President

25/5/90 (J.144)

Recommendation

  • that response be incorporated in Hansard

Report adopted and noted 25/5/90 (J.146)

Person Referred to in the Senate — Dr P Ingram Cromack (No. 24)

PP No. 438/1990

18/7/90

President

19/9/90 (J.293)

Recommendation

  • that response be incorporated in Hansard

Report adopted 19/9/90 (J.293)

Person Referred to in the Senate — Mr A E Harris (No. 25) PP No. 438/1990

23/8/90

President

17/10/90 (J.345)

Recommendation

  • that response be incorporated in Hansard

Report adopted 17/10/90 (J.345)

Possible Misleading Evidence before a Senate Estimates Committee — Department of Defence Asbestos in Royal Australian Navy Ships (No. 26) PP No. 438/1990

24/8/90 (J.250-1)

Senate:

President determined precedence to notice of motion 23/8/90, motion moved by Senator Newman and agreed to 24/8/90

8/11/90 (J.398)

Finding

  • no contempt committed

Finding endorsed 14/11/90 (J.449)

Person Referred to in the Senate — Sir William Keys (No. 27) PP No. 438/1990

26/11/90

President

29/11/90 (J.493)

Recommendation

  • that response be incorporated in Hansard

Report adopted (J.493), motion to take note (J.494) 29/11/90. Report noted 5/12/90 (J.510)

Person Referred to in the Senate — Mr C H Cannon (No. 28) PP No. 438/1990

11/12/90

President

19/12/90 (J.644)

Recommendation

  • that response be incorporated in Hansard

Report adopted 19/12/90 (J.644)

Person Referred to in the Senate — The Honourable Tom Uren (No. 29) PP No. 438/1990

17/12/90

President

 

19/12/90 (J.646)

Recommendation

  • that response be incorporated in Hansard

Report adopted 19/12/90 (J.646)

Possible Improper Influence or Penalty on a Witness in respect of Evidence before a Senate Committee (No. 30) PP No. 258/1991

18/10/90 (J.359)

Senate:

President determined precedence to notice of motion 17/10/90, motion moved by Chairman of Environment, Recreation and the Arts Committee (Senator Crowley) and agreed to 18/10/90

6/3/91 (J.812)

Finding

  • no contempt committed

Finding endorsed 7/3/91 (J.831)

Person Referred to in the Senate — Sir William Keys (No. 31) PP No. 258/1991

11/12/90

President

11/3/91 (J.842)

Recommendation

  • that response be incorporated in Hansard

Report adopted 11/3/91 (J.842)

Person Referred to in the Senate — Ms Patsy Harmsen (No. 32) PP No. 258/1991

19/6/91

 

President

21/6/91 (J.1280)

Recommendation

  • that response be incorporated in Hansard

Report adopted 21/6/91 (J.1280)

Person Referred to in the Senate — Dr Alex Proudfoot, FRACP (No. 33) PP No. 470/1991

21/8/91

President

3/9/91 (J.1452)

Recommendation

  • that response be incorporated in Hansard

Report adopted 3/9/91 (J.1452)

Person Referred to in the Senate — Ms Jeannie Cameron (No. 34) PP No. 470/1991

13/11/91

President

14/11/91 (J.1726)

Recommendation

  • that response be incorporated in Hansard

Report adopted 14/11/91 (J.1726)

Report on Work Since Passage of Privilege Resolutions of 25 February 1988 (No. 35) PP No. 467/1991

General report

2/12/91 (J.1811)

Report noted 26/3/92 (J.2133)

Possible Improper Interference with a Witness and Possible Misleading Evidence Before the National Crime Authority Committee (No. 36) PP No. 194/1992

12/11/90 (J.410)

Senate:

President determined precedence to notice of motion 8/11/90, motion moved by Leader of the Opposition in the Senate (Senator Hill) and agreed to 12/11/90

25/6/92 (J.2623)

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

Finding endorsed and recommendations adopted 17/12/92 (J.3427)

Possible Improper Interference with Witnesses before the Community Affairs Committee (No. 37) PP No. 235/1992

2/4/92 (J.2178)

Senate:

President determined precedence to motion 2/4/92, motion moved by Chair of Community Affairs Committee (Senator Zakharov) and agreed to 2/4/92

9/9/92 (J.2731)

Finding

  • no finding of contempt can or should be made

Finding endorsed 17/12/92 (J.3427)

Person Referred to in the Senate — The Honourable Paul B Toose (No. 38) PP No. 540/1992

6/10/92

Deputy President

13/10/92 (J.2891)

Recommendation

  • that response be incorporated in Hansard

Report adopted 13/10/92 (J.2891)

Person Referred to in the Senate — Mr Dale E Hennessy (No. 39) PP No. 540/1992

24/11/92

President

30/11/92 (J.3158)

Recommendation

  • that response be incorporated in Hansard

Report adopted 30/11/92 (J.3158)

Persons Referred to in the Senate — Ms Margaret Piper, Ms Eve Lester and Mr Seth Richardson (No. 40) PP No.  40/1992

14/12/92

President

17/12/92 (J.3426)

Recommendation

  • that response be incorporated in Hansard

Report adopted and noted 17/12/92 (J.3426)

Person Referred to in the Senate — Mr R.S. Lippiatt (No. 41) PP No 82/1993

26/8/92

President, after consultation with Committee of Privileges

12/5/93 (J.126)

Recommendation

  • that response be incorporated in Hansard

Report adopted 12/5/93 (J.126)

Possible Adverse Treatment of a Witness before the Corporations and Securities Committee (No. 42) PP No 85/1993

12/10/92 (J.2879)

Senate:

Deputy President determined precedence to motion 8/10/92, motion moved by Senator Bell, at the request of Senator Spindler, and agreed to 12/10/92

27/5/93 (J.310)

 

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 F

  • 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

Report noted 27/5/93 (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 27/5/93 (J.310-11)

Findings and recommendations debated 30/9/93 (J.557)

Amendment moved by Senator Cooney (negatived), findings endorsed and recommendations adopted 21/10/93 (J.684)

President's response 16/3/94 (J.1413)

Government response 22/8/95 (J.3650)

Possible Threats to Senate Select Committee or Senators (No. 43) PP No. 389/1993

5/5/93 (J.67)

Senate:

President determined precedence to motion 4/5/93, motion moved by Senator Reynolds and Senator Walters and agreed to 5/5/93

15/12/93

(J.1028)

Finding

  • committee did not find that contempt committed

Finding endorsed 3/2/94 (J.1198)

Possible Improper Interference with or Misleading Reports of Proceedings of Senate Legal and Constitutional Affairs Committee (No. 44) PP No. 390/1993

30/8/93 (J.405)

Senate:

President determined precedence to motion 8/8/93, motion moved by Chair of Legal and Constitutional Affairs Committee (Senator Cooney) and agreed to 30/8/93

15/12/93

(J.1028)

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

Finding endorsed, recommendation adopted 3/2/94 (J.1198)

Watchdog Association complied with Senate order 15/3/94 (J.1394)

 

Person referred to in the Senate — Mr T.T. Vajda (No. 45) PP No. 4/1994

28/1/94

President

7/2/94 (J.1208)

Recommendation

  • that response be incorporated in Hansard

Report adopted 7/2/94 (J.1209)

Possible False or Misleading Information given to Estimates Committee E or the Senate (No. 46) PP No. 43/1994

28/9/93 (J.516)

Senate:

President determined precedence to motion 27/9/93, motion moved by Senator Ferguson and agreed to 29/9/93

2/3/94 (J.1342)

Finding

  • committee determined that it should not find that contempt committed

Finding endorsed 24/3/94 (J.1524)

Person Referred to in the Senate — Councillor Michael Samaras (No. 47) PP No. 112/1994

11/5/94

 

President

31/5/94 (J.1713)

Recommendation

  • that response be incorporated in Hansard

Report adopted 2/6/94 (J.1746)

Possible Improper Disclosure of Document or Proceedings of Migration Committee (No. 48) PP No. 113/1994

25/11/93 (J.901)

Senate:

President determined precedence to motion 25/11/93, motion moved by Chair of Migration Committee (Senator McKiernan) and agreed to 25/11/93

8/6/94 (J.1778)

Finding

  • committee did not find that contempt committed

Recommendation

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

Finding endorsed, recommendation adopted 30/6/94 (J.1999)

Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994 (No. 49) PP No. 171/1994

12/5/94 (J.1683)

Senate: Advisory report

Motion moved by Leader of the Australian Democrats (Senator Kernot) 12/5/94, agreed to 12/5/94

19/9/94 (J.2160)

Recommendation

  • that the Bill be not proceeded with

Report noted 19/9/94 (J.2160)

Possible Improper Interference with a Witness and Possible False or Misleading Answers given to the Senate or a Senate Committee (No. 50) PP No. 322/1994

20/5/93 (J.214)

Senate:

President determined precedence 19/5/93. Motion moved by Senator Watson and agreed to 20/5/93

8/12/94 (J.2767)

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 8/2/94.

Findings endorsed and recommendations adopted 2/2/95 (J.2863)

Possible Penalty or Injury to a Witness before the Employment, Education and Training Committee (No. 51) PP No. 4/1995

31/5/94 (J.1711)

Senate:

President determined precedence 30/5/94. Motion moved by Senator Crane and agreed to 31/5/94

7/2/95 (J.2899)

Finding

  • committee did not find that contempt committed

Finding endorsed 2/3/95 (J.3008)

Parliamentary Privileges Amendment (Enforcement of Lawful Orders) Bill 1994 Casselden Place Reference (No. 52) PP No. 21/1995

22/6/94 (J.830-31)

Senate: Advisory report

Motion moved by Senator Spindler and agreed to 22/6/94

1/3/95 (J.2984)

Report noted 2/3/95 (J.3008)

Possible Threat to a Senator (No. 53) PP No. 44/95

20/10/94 (J.2342)

Senate:

President determined precedence 19/10/94. Motion moved by Senator Parer and agreed to 20/10/94

22/3/95 (J.3107)

Finding

  • committee did not find that contempt committed

Finding endorsed 23/3/95) (J.3136)

Possible Unauthorised disclosure of a submission to the Joint Committee on the National Crime Authority (No. 54) PP No. 133/1995

3/3/94 (J.1359)

 

Senate:

President determined precedence 2/3/94. Motion moved by Deputy Chairman of Joint Committee on the National Crime Authority (Senator Amanda Vanstone) and agreed to 3/3/94

30/6/95 (J.3602)

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

Findings endorsed and recommendation adopted 24/8/95 (J.3694)

Possible Penalty or Injury to a Witness Before the Standing Committee on Industry, Science, Technology, Transport, Communications and Infrastructure (No. 55) PP No. 134/1995

18/11/93 (J.812)

Senate:

President determined precedence 27/10/93. Motion moved by Chair of Industry, Science, Technology, Transport, Communications and Infrastructure Committee (Senator Childs) and agreed to 18/11/93

30/6/95 (J.3602)

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

Findings endorsed 24/8/95 (J.3694)

Person Referred to in the Senate — Ms Yolanda Brooks (No. 56) PP No. 135/1995

20/6/95

 

President

30/6/95 (J.3602)

Recommendation

  • that the response be incorporated in Hansard

Report adopted 24/8/95 (J.3694)

Possible Penalty or Injury Imposed on Witnesses before the Senate Select Committee on Superannuation (No. 57) PP No. 183/1995

16/12/93 (J.1073)

Senate:

President determined precedence 16/12/93. Motion moved by Senator West, on behalf of Superannuation Committee, and agreed to 16/12/93

17/10/95 (J.3937)

Finding

  • committee determined not to make finding that contempt committed

Finding endorsed 19/10/95 (J.3984)

Possible Improper Interference with a Witness before Select Committee on Unresolved Whistleblower Cases (No. 58) PP No. 476/1995

30/6/95 (J.3600)

Senate:

President determined precedence 29/6/95. Motion moved by Senator Foreman, on behalf of Chair of Select Committee on Unresolved Whistleblower Cases (Senator Murphy), and agreed to 30/6/95

26/10/95 (J.4069)

Finding

  • no contempt of the Senate committed

Finding endorsed 9/5/96 (J.146)

Person Referred to in the Senate — Mrs Esther Crichton-Browne (No. 59) PP No. 475/1995

22/11/95

President

1/12/95 (J.4345)

Recommendation

  • that response be incorporated in Hansard

Report adopted 9/5/96 (J.146)

Possible unauthorised disclosure of documents or private deliberations of the Select Committee on the Dangers of Radioactive Waste (No. 60) PP No. 9/1996

30/6/95 (J.3600)

Senate:

President determined precedence 29/6/95

Motion moved by Chair of Select Committee on the Dangers of Radioactive Waste (Senator Chapman) and agreed to 30/6/95

30/4/96 (J.31)

Finding

  • no question of contempt involved

Recommendation

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

Finding endorsed and recommendation adopted 20/6/96

(J.361)

Possible false or misleading statements to Senate Select Committee on Public Interest Whistleblowing (No. 61) PP No. 10/1996

21/3/95 (J. 3084)

Senate:

President determined precedence 9/3/95

Motion moved by Chair of Select Committee on Public Interest Whistleblowing (Senator Murphy)

and agreed to 21/3/95

30/4/96 (J.32)

Finding

  • no finding of contempt should be made

Finding endorsed 20/6/96 (J.361)

Committee of Privileges 1966-1996: History, Practice and Procedure (No. 62) PP No. 108/1996

General report

Presented to the President of the Senate on 28 June 1996

 

21/8/96 (J.481)

Report noted 25/9/97 (J.2527)

Possible false or misleading evidence before Select Committee on Unresolved Whistleblower Cases (No. 63) PP No. 360/1996

25/6/96 (J.385)

Senate:

President determined precedence 24/6/96

Motion moved by Chair of Select Committee on Unresolved Whistleblower Cases (Senator Murphy) and agreed to 25/6/96

5/12/96 (J.1212)

Finding

  • no finding of contempt should be made

Finding endorsed 29/5/97 (J. 2041)

Possible false or misleading evidence before the Environment, Recreation, Communications and the Arts Legislation Committee (No. 64) PP No. 40/1997

9/9/96 (J.532)

Senate:

President determined precedence 22/8/96

Motion moved by Chair of Environment, Recreation, Communications and the Arts Legislation Committee (Senator Patterson) and agreed to 9/9/96

19/3/97 (J.1635)

Finding

  • no contempt of the Senate has been committed

Recommendation

  • that the Senate reaffirm the accountability of statutory authorities to Parliament

Finding endorsed and recommendation adopted 29/5/97 (J.2042)

Person referred to in the Senate — Dr Neil Cherry (No. 65) PP No. 48/1997

5/3/97

President

25/3/97 (J.1759)

Recommendation

  • that response be incorporated in Hansard

Report adopted 25/3/97 (J.1759)

Person referred to in the Senate — Ms Deborah Keeley (No. 66) PP No. 89/1997

22/4/97

President

29/5/97 (J.2038)

Recommendation

  • that response be incorporated in Hansard

Report adopted 29/5/97 (J.2038)

Possible threats of legal proceedings made against a Senator and other persons (No. 67) PP No. 141/1997

23/8/95 (J.3665)

Senate:

President determined precedence 22/8/95

Motion moved by Senator Boswell and agreed to 23/8/95

3/9/97 (J.2412)

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

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 3/9/97 (J.2412)

Findings endorsed 22/9/97 (J.2456)

Persons referred to in the Senate — Mr Ray Platt and Mr Peter Mulheron (No. 68) PP No. 158/1997

21/7/97 and 7/8/97

President

23/9/97 (J.4278)

Recommendation

  • that responses be incorporated in Hansard

Report adopted 23/9/97 (J.4278)

Person referred to in the Senate — Dr Clive Hamilton (No. 69) PP No. 183/1997

29/9/97

President

21/10/97 (J.2659)

Recommendation

  • that response be incorporated in Hansard

Report adopted 21/10/97 (J.2659)

Questions arising from proceedings of the Parliamentary Joint Committee on the National Crime Authority (No. 70) PP No. 68/1998

26/6/97 (J.2257)

Senate: Advisory report

Motion moved, by leave, by Senator Ferris and agreed to 26/6/97

6/4/98 (J.3623)

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

Report noted 28/5/98 (J.3882)

Further possible false or misleading evidence before Select Committee on Unresolved Whistleblower Cases (No. 71) PP No. 86/1998

5/12/97 (J.3240)

Senate:

President determined precedence

4/12/97

Motion moved by Senator Woodley and agreed to 5/12/97

26/5/98 (J.3839)

Finding

  • no contempt has been committed

Finding endorsed 28/5/98 (J.3881)

Possible threat of proceedings against Dr William De Maria (No. 72) PP No. 117/1998

4/9/97 (J.2438)

 

Senate:

Documents tabled by President 25/8/97

Motion moved, by leave, by Senator Bourne and agreed to 4/9/97

30/6/98 (J.4110)

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

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 30/6/98 (J.4110-11)

Findings endorsed and recommendation adopted 1/12/98 (J.225)

Possible improper interference with a potential witness before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund (No. 73) PP No. 118/1998

2/10/97 (J.2611)

Senate:

President determined precedence 1/10/97

Motion moved by Senator Bolkus and agreed to 2/10/97

30/6/98 (J.4111)

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 no. 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.

Finding endorsed and recommendations adopted 1/12/98 (J.225)

Possible Unauthorised Disclosure of Parliamentary Committee Proceedings (No. 74) PP No. 180/1998

 

Advisory Report (incorporating reports on six contempt matters referred to the Committee – see below)

9/12/98 (J.360)

General Recommendation

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

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 9/12/98 (J.360)

 

Findings endorsed and recommendations adopted 15/2/99

(J.428)

Possible unauthorised disclosure of documents of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund

27/10/97 (J.2717)

 Senate:

President determined precedence 23/10/97

Motion moved by Senator Evans, at the request of Senator Bolkus, and agreed to 27/10/97

9/12/98(J.360)

 Finding

  • no contempt has been committed

Finding endorsed 15/2/99 (J.428)

Possible unauthorised disclosures of a report of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund

29/10/97 (J.2759)

Senate:

President determined precedence 28/10/97

Motion moved by Senator Abetz (also on behalf of Senator Ferris) and agreed to 29/10/97

9/12/98 (J.360)

Finding

  • contempt of the Senate has been committed

Recommendation

  • that no penalty be imposed

Finding endorsed and recommendation adopted 15/2/99 (J.428)

Possible unauthorised disclosure of a document of the Parliamentary Joint Committee on the National Crime Authority

26/11/97 (J.2991)

Senate:

President determined precedence

19/11/97

Motion moved by Senator McGauran and agreed to 26/11/97

9/12/98 (J.360)

Finding

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

Finding endorsed 15/2/99 (J.428)

Possible unauthorised disclosure of a report of the Environment, Recreation, Communications and the Arts Legislation Committee

26/11/97 (J.2991)

Senate:

President determined precedence 25/11/97

Motion moved by Senator Evans, at the request of Senator Schacht, and agreed to 26/11/97

 

9/12/98 (J.360)

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

Finding endorsed and recommendation adopted 15/2/99 (J.428)

Possible unauthorised disclosure of a draft report of the Economics References Committee

12/3/98 (J.3379)

Senate:

President determined precedence

11/3/98

Motion moved by Chair of Economics References Committee (Senator Jacinta Collins) and agreed to 12/3/98

9/12/98 (J.360)

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

Finding endorsed 15/2/99 (J.428)

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

2/7/98 (J.4162)

Senate:

President determined precedence

30/6/98

Motion moved by Senator McGauran and agreed to 2/7/98

9/12/98 (J.360)

Finding

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

Finding endorsed 15/2/99 (J.428)

Execution of Search Warrants in Senators’ Offices (No. 75) PP No. 52/1999

1/12/98

 

 

Advisory report

Reference received from the Senate Procedure Committee 1/12/98

 

22/3/99 (J.581)

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

Recommendation adopted 25/3/99 (J.633)

Parliamentary Privilege — Precedents, Procedures and Practice in the Australian Senate 1966-1999 (No. 76) PP No. 126/1999

General report

22/6/99 (J.1061)

Report noted 26/8/99 (J.1585)

Persons Referred to in the Senate — Certain Faculty Members of Greenwich University (No. 77) PP No. 151/1999

27/5/99

President

28/6/99 (J.1350)

Recommendation

  • that response be incorporated in Hansard

Report adopted 28/6/99 (J.1350)

Possible improper use of proceedings of Community Affairs References Committee (No. 78) PP No. 183/1999

27/5/99 (J.947)

 

Senate:

President determined precedence 27/5/99

Motion moved by Chair of the Community Affairs References Committee (Senator Crowley) and agreed to 27/5/99

1/9/99 (J.1626)

Findings

  • Terms of reference (a) and (b) — No adjudication required

  • Term of reference (c) — No contempt committed

  • Term of reference (d) — No contempt found

Findings endorsed 23/9/99 (J.1739)

Possible false or misleading statements tabled in the Senate — Discontinuation of inquiry (No. 79) PP No. 196/1999

7/5/97 (J.1855-56)

Senate:

President determined precedence 6/5/97

Motion moved by Leader of the Opposition in the Senate (Senator Faulkner), at the request of Senators Bolkus and Margetts, and agreed to 7/5/97 [Inquiry not to commence until conclusion of investigations and any legal proceedings]

29/9/99 (J.1792)

Recommendation

  • that the inquiry be not further pursued

Report adopted 30/9/99 (J.1811)

 

Persons referred to in the Senate — Board members and staff of Electronic Frontiers Australia Inc. (No. 80) PP No. 358/1999

13/10/99

President

21/10/99 (J.1986)

Recommendation

  • that response be incorporated in Hansard

Report adopted 21/10/99 (J.1986)

Persons referred to in the Senate — Dr Chris Atkinson and Dr Chris Harper (No. 81) PP No. 373/1999

9/11/99

President

30/11/99 (J.2159)

Recommendation

  • that response be incorporated in Hansard

Report adopted 30/11/99 (J.2159)

Person referred to in the Senate — Ms Christine Bourne (No. 82) PP No. 374/1999

10/11/99

President

30/11/99 (J.2159)

Recommendation

  • that response be incorporated in Hansard

Report adopted 30/11/99 (J.2159)

Persons referred to in the Senate — Mr Raymond Rose, Principal, Bridge Business College (No. 83) PP No. 375/1999

10/11/99

 

President

30/11/99 (J.2159)

Recommendation

  • that response be incorporated in Hansard

Report adopted 30/11/99 (J.2159)

Possible unauthorised disclosure of draft parliamentary committee report (No. 84) PP. No. 35/2000

2/9/99 (J.1636)

Senate:

President determined precedence 1/9/99

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 2/9/99

7/3/2000 (J.2374)

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

  • 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

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)

Possible intimidation of a witness before the Employment, Workplace Relations, Small Business and Education References Committee. (No. 85) PP No. 36/2000

12/8/99 (J.1481)

Senate:

President determined precedence 11/8/99

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 12/8/99

7/3/2000 (J.2374)

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

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)

Alleged threats to a witness before the Select Committee on A New Tax System. (No. 86) PP No. 39/2000

7/12/99 (J.2189)

Senate:

President determined precedence 6/12/99

Motion moved by Senator Allison and agreed to 7/12/99

13/3/2000 (J.2424)

Finding

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

Finding endorsed

16/3/2000 (J.2485)

Person referred to in the Senate — Mr R.T. Mincherton (No. 87) PP No. 40/2000

8/3/2000

President

13/3/2000 (J.2424)

Recommendation

  • that response be incorporated in Hansard

Report adopted 13/3/2000 (J. 2424-5)

Person referred to in the Senate — Mr N. Crichton-Browne (No. 88) PP No. 71/2000

30/3/2000

President

10/4/2000 (J.2585)

Recommendation

  • that response be incorporated in Hansard

Report adopted 10/4/2000 (J.2585)

Senior Public Officials’ Study of Parliamentary Processes — Report on Compliance with Senate Order of 1 December 1998 (No. 89) PP No. 79/2000

Advisory report

13/4/2000 (J.2632)

Report noted 13/4/2000 (J.2632)

Person referred to in the Senate — Dr Malcolm Colston (No. 90) PP No. 113/2000

19/4/2000

Deputy President

 

5/6/2000 (J.2723)

Recommendation

  • that response be incorporated in Hansard

Report adopted 5/6/2000 (J.2723)

Person referred to in the Senate — Mr Noel Crichton-Browne (No. 91) PP No. 119/2000

30/5/2000

President

 

19/6/2000 (J.2797)

Recommendation

  • that response be incorporated in Hansard

Report adopted 19/6/2000 (J.2797)

Matters arising from 67th Report of the Committee of Privileges (No. 92) PP No. 150/2000

Advisory report

29/6/2000 (J.2997)

Chair’s statement Hansard

29/6/2000 (p. 16040)

Report noted 17/8/2000 (J.3114)

Possible unauthorised disclosure of in camera proceedings of the Economics References Committee (No. 93) PP No. 179/2000

11/5/2000 (J.2704-5)

Senate:

President determined precedence 11/5/2000

Motion moved by Senator Calvert, at the request of Senator Gibson, and agreed to 11/5/2000

28/8/2000 (J.3126)

Finding

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

Finding endorsed 31/8/2000 (J.3181)

Matters arising from 67th Report of the Committee of Privileges(2) – Possible Senate representation in court proceedings (No. 94) PP No. 198/2000

Advisory report

4/9/2000 (J.3192)

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.

Recommendation adopted 4/9/2000 (J.3192)

Penalties for Contempt — Information Paper (No. 95) PP No. 199/2000

Advisory report

4/9/2000 (J.3193)

Report noted 5/10/2000 (J.3321)

Possible misleading evidence to and improper interference with witnesses before the Employment, Workplace Relations, Small Business and Education Legislation Committee (No. 96) PP No. 118/2001

28/2/2001 (J.3980)

Senate:

President determined precedence 27/2/2001

Motion moved by Senator Collins and agreed to 28/2/2001

25/6/2001 (J.4393)

Finding

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

Finding endorsed 9/8/2001 (J.4650)

Person referred to in the Senate — Mr Terence O’Shane (No. 97) PP No. 131/2001

28/6/2001

 

President

28/6/2001 (J.4458)

Recommendation

  • that response be incorporated in Hansard

Report adopted 28/6/2001 (J.4458)

Person referred to in the Senate — Alderman Dr John Freeman (No. 98) PP No. 166/2001

7/8/2001

President

27/8/2001 (J.4765)

Recommendation

  • that response be incorporated in Hansard

Report adopted 27/8/2001 (J.4765)

Possible unauthorised disclosure of a submission to the Parliamentary Joint Committee on Corporations and Securities (No. 99) PP No. 177/2001

27/6/2000 (J.2908)

Senate:

President determined precedence 26/6/2000

Motion moved by Chair of Corporations and Securities Committee (Senator Chapman) and agreed to 27/6/2000

30/8/2001 (J.4834)

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

Findings endorsed and penalty imposed 18/9/2001 (J.4866)

 

Possible unauthorised disclosure of draft report of Legal and Constitutional Legislation Committee (No. 100) PP No. 195/2001

26/6/2001 (J.4405)

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

19/9/2001 (J.4882)

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

Findings endorsed 26/9/2001 (J.4974)

Persons referred to in the Senate — Staff and faculty of Greenwich University (No. 101) PP No. 215/2001

17/9/2001

President

26/9/2001 (J.4976)

Recommendation

  • that response be incorporated in Hansard

Report adopted 26/9/2001 (J.4976)

Counsel to the Senate (No. 102) PP No. 307/2002

20/3/2002 (J.244)

Senate:

Motion moved by Chair of the Privileges Committee, Senator Ray, and agreed to 20/3/2002

26/6/2002 (J.492)

Conclusion

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

Report noted 22/8/2002 (J.646)

Possible improper influence and penalty on a senator (No. 103) PP No. 308/2002

7/8/2001 (J.4597)

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

26/6/2002 (J.492)

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

Findings endorsed 22/8/2002 (J.646)

Possible false or misleading evidence before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund (No. 104) PP No. 309/2002

19/9/2001 (J.4879)

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

26/6/2002 (J.492)

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

Finding endorsed 22/8/2002 (J.645)

Execution of search warrants in Senators’ offices — Senator Harris (No. 105) PP No. 310/2002

14/2/2002 (J.91-2)

Senate:

President determined precedence 14/2/2002

Motion moved by Senator Harris and agreed to 14/2/2002

26/6/2002 (J.492)

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

Finding endorsed 22/8/2002 (J.645)

Possible improper interference with a witness before the Senate Select Committee on a Certain Maritime Incident (No. 106) PP No. 344/2002

16/5/2002 (J.359)

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

27/8/2002 (J.671)

Finding

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

Finding endorsed 29/8/2002 (J.712)

Parliamentary Privilege — Precedents, Procedures and Practice in the Australian Senate 1966-2002 (No.107) PP No. 345/2002

Advisory report

27/8/2002 (J.672)

 

Report noted 29/8/2002 (J.712)

Persons referred to in the Senate — Mr John Hyde Page (No. 108) PP No. 388/2002

16/9/2002

President

15/10/2002 (J.875)

Recommendation

  • that response be incorporated in Hansard

Report adopted 15/10/2002 (J.875)

Persons referred to in the Senate — Mr Tony Kevin (No. 109) PP No. 497/2002

14/10/2002

President

22/10/2002 (J.949)

Recommendation

  • that response be incorporated in Hansard

Report adopted 22/10/2002 (J.949)

Persons referred to in the Senate — Dr Geoffrey Vaughan, Dr Peter Jonson and Professor Brian Anderson (No. 110) PP No. 601/2002

15/11/2002, 20/11/2002 and 2/12/2002

President

10/12/2002 (J.1285)

Recommendation

  • that response be incorporated in Hansard

Report adopted 10/12/2002 (J.1285)

Persons referred to in the Senate — Mr Bob Moses, on behalf of Board and Management of National Stem Cell Centre (No. 111) PP No. 2/2003

12/12/2002

President

5/2/2003 (J.1458)

Recommendation

  • that response be incorporated in Hansard

Report adopted 5/2/2003 (J.1458)

Possible unauthorised disclosure of draft report of Environment, Communications, Information Technology and the Arts Legislation Committee (No. 112) PP No. 11/2003

27/6/2002 (J.524)

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

6/2/2003 (J.1475)

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

Findings endorsed 6/2/2003 (J.1475)

Australian Press Council and Committee of Privileges Exchange of Correspondence (No. 113) PP No. 135/2003

 

Advisory report

25/6/2003 (J.1983)

Chair’s statement on motion to take note of report, Hansard, 25/6/2003 (pp 12529-12531)

Report noted 25/6/2003 (J.1983)

Execution of search warrants in senators’ offices – Senator Harris

Matters arising from the 105th report of the Committee of Privileges (No. 114) PP No. 175/2003

5/2/2003 (J. 1457)

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

20/8/2003 (J.2245)

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

Report noted 20/8/2003 (J.2245)

Persons referred to in the Senate — Board members of Electronic Frontiers Australia Inc. (No. 115) PP No. 292/2003

17/9/2003

President

18/9/2003 (J.2447)

Recommendation

  • that response be incorporated in Hansard

Report adopted 18/9/2003 (J.2447)

Possible improper interference with a witness before the Rural and Regional Affairs and Transport Legislation Committee (No. 116) PP No. 53/2004

2/12/2003 (J.2810)

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

2/3/2004 (J.3052)

Finding

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

Finding endorsed 4/3/2004 (J.3092)

Person referred to in the Senate — Dr I.C.F. Spry, Q.C. (No. 117) PP No. 77/2004

23/3/2004

President

30/3/2004 (J.3277)

Recommendation

  • that response be incorporated in Hansard

Report adopted 30/3/2004 (J.3277)

Certain matters arising from the joint meetings of the Senate and the House of Representatives on 23 and 24 October 2003 (No. 118) PP No. 80/2004

29/10/2003 (J.2645)

Senate: Advisory report

Motions moved by Senator Brown, and agreed to 29/10/2003

1/4/2004 (J.3321)

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

Report noted 5/8/2004 (J.3836)

Possible false or misleading evidence before the Environment, Communications, Information Technology and the Arts Legislation Committee (No. 119) PP No. 177/2004)

24/3/2004 (J.3215)

Senate:

President determined precedence 23/3/2004

Motion moved by Senator Mackay and agreed to 24/3/2004

3/8/2004 (J.3791)

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

Finding endorsed and recommendation adopted 5/8/2004 (J.3836)

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 (No. 120) PP No. 52/2005

 

5/8/2004 (J.3829)

Senate:

President determined precedence 4/8/2004

Motion moved by Senator Ridgeway, and agreed to 5/8/2004

 

8/3/2005 (J.432)

Finding

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

Finding endorsed 10/3/2005 (J.477)

Possible unauthorised disclosures of draft reports of Community Affairs References Committee (No. 121) PP No. 58/2005

12/5/2004 (J.3403)

 

 

 

24/6/2004 (J.3699-3700)

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

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

 

15/3/2005 (J.507)

Finding

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

Finding endorsed 17/3/2005 (J.568)

Parliamentary privilege – unauthorised disclosure of committee proceedings (No. 122) PP No. 137/2005

16/3/2005 (J.544)

Senate:

Motion moved by Chair of the Privileges Committee (Senator Faulkner) and agreed to 16/3/2005

 

21/6/2005 (J.781)

Recommendation

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

Recommendation adopted 11/8/2005 (J.934)

Possible failure by a senator to comply with the Senate’s resolution relating to registration of interests (No. 123) PP No. 224/2005

16/6/2005 (J.706)

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

5/10/2005 (J.1174)

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

Finding endorsed 6/10/2005 (J.1204)

 

Person referred to in the Senate – Professor David Peetz (No. 124) PP No. 405/2005

29/11/2005

President

6/12/2005 (J.1652)

Recommendation

  • that response be incorporated in Hansard

Report adopted 6/12/2005 (J.1652)

Parliamentary privilege – Precedents, procedures and practice in the Australian Senate 1966-2005 (No. 125) PP No. 3/2006

General report

Presented to the President under standing order 38(7) on 19/12/2005 tabled 7/2/2006 (J.1787)

 

Person referred to in the Senate – Professor Barbara Pocock (No. 126) PP No. 41/2006

6/2/2006

President

27/2/2006 (J.1883)

Recommendation

  • that response be incorporated in Hansard

Report adopted 27/2/2006 (J.1883)

Persons referred to in the Senate – Certain persons on behalf of the Exclusive Brethren (No. 127) PP No. 122/2006

8/6/2006

President

21/6/2006 (J.2328)

Recommendation

  • that response be incorporated in Hansard

Report adopted 21/6/2006 (J.2328)

Person referred to in the Senate – Mr Karl J. O’Callaghan, APM Commissioner of Police, Western Australia (No. 128) PP No. 155/2006

3/8/2006

President

16/8/2006 (J.2514)

Recommendation

  • that response be incorporated in Hansard

Report adopted 16/8/2006 (J.2514)

Person referred to in the Senate – Dr Clive Hamilton (No. 129) PP No. 388/2006

30/10/2006

President

8/11/2006 (J.3027)

Recommendation

  • that response be incorporated in Hansard

Report adopted 8/11/2006 (J.3027)

Person referred to in the Senate – Mr Darryl Hockey (No.130) PP No. 131/2007

29/3/2007

President

7/8/2007 (J.4081)

Recommendation

  • that the response be incorporated in Hansard

Report adopted 7/8/2007 (J.4081)

Possible false or misleading evidence and improper refusal to provide information to the Finance and Public Administration Committee (No.131) PP No. 171/2007

7/2/2007

Senate:

President determined precedence 6/2/2007

Motion moved by Senator Forshaw and agreed to 7/2/2007

 

11/9/2007 (J.4328)

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

Findings endorsed, recomm-endation agreed to 20/9/2007 (J.4463)

Unauthorised disclosure of committee proceedings (oral report)

13/9/2007 (J.4369)

Recommedation

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

Recommendation adopted 17/9/2007 (J.4388)

Persons referred to in the Senate – Indonesian Forum for Environment (No.132) PP No. 173/2007

10/9/2007

President

17/9/2007 (J.4389)

Recommendation

  • that response be incorporated in Hansard

Report adopted 17/9/2007 (J.4389)

Possible false or misleading evidence before the Legal and Constitutional Affairs Committee (No. 133) PP No.260/2008

18/09/07

Senate:

President determined precedence 17/09/07. Motion moved by Senator Nettle and agreed to 18/9/2007

15/5/2008 (J.427)

Additional information tabled 26/6/2008 (J.662)

Finding

  •  no contempt was committed

Motion to endorse finding moved 15/5/2008 (J.427)

Effective Repetition (No. 134) PP No.275/2008

––

Advisory report

18/6/2008

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

Recommendation adopted 18/6/2008 (J.527)

(See Supplement)

* 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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