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Odgers' Australian Senate Practice Thirteenth Edition

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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 response of Joint Committee on the National Crime Authority

Given, but President recommended that matter not be proceeded with

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

(SEE SUPPLEMENT)