Report No. 125 - 137

125. Parliamentary Privilege: Precedents, Procedure and Practice in the Australian Senate 1996-2005 (PP No. 3/2006)

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

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

Reference: Referred by the President 6/2/2006.
Action: Report tabled and adopted 27/2/2006 (J.1883). Persons/organisations involved: Senator the Hon. Eric Abetz; Professor Barbara Pocock.
Resumé: On 29 November 2005 during question time in the Senate, Senator Abetz, in his capacity as Minister representing the Minister for Employment and Workplace Relations, claimed that Professor Pocock had misled the parliament and questioned her independence. Professor Pocock responded under Privilege Resolution 5, refuting the claim. Recommendation: That the response by Professor Barbara Pocock be incorporated in Hansard.

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

Reference: Referred by the President 8/6/2006.
Action: Report tabled and adopted 21/6/5006 (J.2328). Persons/organisations involved: Senator Bob Brown, Exclusive Brethren, Mr Philip McNaughton, Mr C Warwick John, Mr David W Stewart.
Resumé: On 9 May 2006, Senator Bob Brown gave notice of a motion for the reference of matters relating to certain alleged activities of the Exclusive Brethren to the Community Affairs References Committee. Messrs McNaughton, John and Stewart provided a response, under Privilege Resolution 5, on behalf of the Exclusive Brethren, refuting the imputations contained in the notice of motion. Recommendation: That the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard.

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

Reference: Referred by the President 3/8/2006.
Action: Report tabled and adopted 16/8/2006 (J.2514). Persons/organisations involved: Senator David Johnston, Mr Karl J O'Callaghan, APM
Resumé: On 14 June 2006, during discussion of matters of public interest in the Senate, Senator Johnston made allegations that certain actions of the Western Australian Police Service and its Commissioner were politically motivated. Mr O'Callaghan made a response under Privilege Resolution 5 refuting the allegations. Recommendation: That the response by Mr Karl J O'Callaghan, APM, be incorporated in to Hansard.

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

Reference: Referred by the President 30/10/2006.
Action: Report tabled and adopted 8/11/2006 (J.3027). Persons/organisations involved: Senator the Hon. Eric Abetz, Dr Clive Hamilton, the Australia Institute Ltd.
Resumé: On 18 October 2006, during question time in the Senate, Senator Abetz made comments about Dr Hamilton in respect of his credibility as a commentator on drought relief to Australian farmers. Dr Hamilton provided a response under Privilege Resolution 5 refuting the comments. Recommendation: That the response from Dr Clive Hamilton be incorporated in Hansard.

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

Reference: Referred by the President 29/3/2007.
Action: Report tabled and adopted 7/8/2007 (J.4081). Persons/organisations involved: Senator Glenn Sterle, Mr Darryl Hockey, AWB.
Resumé: On 29 November 2006, during debate on motions to take note of answers to questions in the Senate, Senator Sterle made comments about a number of people named in the Cole royal commission into the Oil for Food Program, including Mr Hockey who provided a response under Privilege Resolution 5 rejecting Senator Sterle's allegations. Recommendation: That the response by Mr Darryl Hockey be incorporated in to Hansard.

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

Reference: President gave precedence to the motion 6/2/2007. Motion moved by Senator Forshaw, also on behalf of Senator Murray, and agreed to 7/2/2007 (J.3382)
Action: Report tabled 11/9/2007 (J.4328); findings endorsed and recommendation agreed to 20/9/2007 (J.4463) Persons/organisations involved: Senator Michael Forshaw, Senator Andrew Murray, Finance and Public Administration Committee, Mr Greg Maguire, Mr Tony Windsor MP, Australian Electoral Commission.
Resumé: On 10 March 2005, at a hearing of the Finance and Public Administration References Committee on the Regional Partnerships Program, Mr Greg Maguire gave evidence that certain of his companies had provided financial support to Mr Tony Windsor's election campaign and offered to provide the committee with a list of his companies. He failed to do so despite numerous reminders and demands. In the meantime, the Australian Electoral Commission was unable to investigate possible electoral disclosure irregularities because it had no evidence other than evidence protected by parliamentary privilege. The former chair of the committee, Senator, Forshaw, and another member, Senator Murray raised Mr Maguire's conduct as a matter of privilege. Findings: The committee found that there was a refusal to provide information but in view of the repeated refusals to provide that information, the committee was unable to find that false or misleading evidence had been given. The committee was unable to find a contempt against the person who refused to provide information as this would have involved examining a member of the House of Representatives. Recommendation: That the Senate accept that the matter is not amenable to further pursuit by the exercise of formal inquiry powers.

132. Persons referred to in the Senate (Mr Chalid Muhammad and Mr Nurkholis on behalf of the staff of the Indonesian Forum for Environment) (WALHI) (PP No. 173/2007)

Reference: Referred by the President 10/9/2007.
Action: Report tabled and adopted 17/9/2007 (J.4389). Persons/organisations involved: Senator Ian Macdonald, Mr Chalid Muhammed, Mr Nurkholis, Indonesian Forum for Environment (WALHI).
Resumé: On 9 August 2007, during general business debate in the Senate, Senator Macdonald made comments connecting WALHI and its members with terrorist organisations. Mr Muhammad and Mr Nurkholis, pursuant to Privilege Resolution 5, provided a response rejecting the association of WALHI and its members with terrorist organisations. Recommendation: That the response on behalf of WALHI be incorporated in Hansard.

Oral Report – Unauthorised disclosure of committee proceedings (Hansard, 13/9/2007, p.93)

Reference: Matter arising from the 122nd Report.
Resumé: The committee, having kept a watching brief on the operation of the sessional order agreed to on 6/10/2005 relating to procedures for committees in dealing with unauthorised disclosure of their proceedings, and finding it an effective method of addressing the issue, recommended that the sessional order become an order of continuing effect. The chair gave notice of a motion to that effect on 13/9/2007 (J.4369).
Action: Motion agreed to 17/9/2007, (J.4388)

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

Reference: President gave precedence to the motion 17/9/2007. Motion moved by Senator Nettle and agreed to 18/9/2007 (J.4415).
Action: Report tabled 15/5/08 (J.427). Motion to endorse findings moved 15/5/08 (J.427). Additional information tabled 26/6/08 (J.662).
Person/organisations involved: Senator Kerry Nettle, Legal and Constitutional Affairs Committee, Mr MJ Keelty APM (Commissioner, Australian Federal Police), Mr Robert Cornall AO (Secretary, Attorney-General's Department), Mr Mamdouh Habib, Australian Security Intelligence Organisation.
Resumé: Over several estimates hearings of the Legal and Constitutional Affairs Committee and its predecessor, from 2004, questions were asked about the government's knowledge of the alleged rendition of Mr Mamdouh Habib from Pakistan to Egypt. Answers given by the heads of ASIO, the AFP and the Attorney-General's Department were apparently inconsistent and Senator Nettle raised this as a matter of privilege.
Findings: The committee concluded that, although in certain respects the evidence of Mr Cornall and Commissioner Keelty was equivocal, it was not in fact misleading given the state of these officers' knowledge at the time and the terms of the relevant questions addressed to them.
Recommendation: That no contempt was committed in this regard.

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

Action: Report tabled 18/6/08 (J.527).
Recommendation: That the Senate endorse the principles outlined in paragraph 1.18 of the report to guide any amendment of the Parliamentary Privileges Act 1987 to address the issue of effective repetition, adopted 18/6/08 (J.527)

135. Persons referred to in the Senate (Certain persons on behalf of the Exclusive Brethren) (PP No. 338/2008)

Reference: Referred by the President 17/9/2008
Action: Report tabled and adopted 24/9/2008 (J.940).
Persons/organisations involved: Senators Bob Brown and Christine Milne; Mr Doug Burgess, Mr Daniel Hales, Mr Bruce Pridham and Mr David Stewart on behalf of the Exclusive Brethren.
Resumé: On 15 May 2008, Senator Bob Brown gave notice of his intention to move a motion on 26 August 2008 for the reference of matters relating to certain alleged activities of the Exclusive Brethren to the Community Affairs References Committee. The motion was debated on 26, 27 and 28 August 2008. Messrs Burgess, Hales, Pridham and Stewart provided a response, under Privilege Resolution 5, on behalf of the Exclusive Brethren, relating to statements made during the debate.
Recommendation: That the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard.

136. Persons referred to in the Senate (Mr Barry Williams, President of the Lone Fathers Association of Australia Inc.) (PP No.  4/2009)

Reference: Referred by the President 3/2/2009
Action: Report tabled and adopted 10/2/2009 (J.1579).
Persons/organisations involved: Senator Rachel Siewert; Mr Barry Williams; Lone Fathers Association of Australia Inc.
Resumé: On 3 December 2008 Senator Siewert, in asking a question without notice, referred to Mr Williams and the views of the Lone Fathers Association as "anti-gay, anti-women, and domestic violence denial". Mr Williams, President of the Lone Fathers Association, provided a response under Privilege Resolution 5.
Recommendation: That the response by Mr Barry Williams be incorporated in Hansard.

137. Persons referred to in the Senate (Mr Anthony and Mrs Brenda Bird, members of the Exclusive Brethren) (PP No.  5/2009)

Reference: Referred by the President 17/9/2008
Action: Report tabled and adopted 10/2/2009 (J.1579).
Persons/organisations involved: Senator Christine Milne; Senator Bob Brown; Exclusive Brethren; Mrs Brenda Bird; Mr Anthony Bird.
Resumé: On 26, 27 and 28 August 2008 during proceedings in the Senate, Senators Milne and Brown referred to certain practices of members of the Exclusive Brethren. Several members of the Exclusive Brethren sought responses under Privilege Resolution 5. One application was dealt with in the committee's 135th Report. The remaining application, by Mr and Mrs Bird, is the subject of this report.
Recommendation: That the response by Mr and Mrs Bird be incorporated in Hansard.