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Resolutions Expressing Opinions of the
Senate
Privilege
On 25 February 1988 the Senate passed 11
resolutions, setting out procedures and making declarations in relation to
matters of parliamentary privilege. These resolutions are in a separate section
of this volume.
32 Witnesses – powers of the Senate
(1) The Senate affirms that it possesses
the powers and privileges of the House of Commons as conferred by section 49 of
the Constitution and has the power to summon persons to answer questions and
produce documents, files and papers.
(2) Subject to the determination of all
just and proper claims of privilege which may be made by persons summoned, it
is the obligation of all such persons to answer questions and produce
documents.
(3) The fact that a person summoned is
an officer of the Public Service, or that a question related to his
departmental duties, or that a file is a departmental one does not, of itself,
excuse or preclude an officer from answering the question or from producing the
file or part of a file.
(4) Upon a claim of privilege based on
an established ground being made to any question or to the production of any
documents, the Senate shall consider and determine each such claim.
(16 July 1975
J.831)
33 Detention of senators
The Senate, having considered the Fifth
Report of the Committee of Privileges, resolves that—
(1) It is the right of the Senate to
receive notification of the detention of its members.
(2) Should a senator for any reason be
held in custody pursuant to the order or judgment of any court, other than a
court martial, the court ought to notify the President of the Senate, in
writing, of the fact and the cause of the senator’s being placed in custody.
(3) Should a senator be ordered to be
held in custody by any court martial or officer of the Defence Force, the
President of the Senate ought to be notified by His Excellency the
Governor-General of the fact and the cause of the senator’s being placed in
custody.
(4) The Presiding Officers of the
Parliament should confer with the Presiding Officers of the Parliaments of the
states, and the Attorney-General should confer with the Attorneys-General of
the states, upon the action to be taken to secure compliance with the foregoing
resolutions.
(5) The terms of these resolutions be
communicated to Presiding Officers of the Parliaments of the states and the
Attorneys-General of the states.
(26 February 1980
J.1153)
34 Detention of senators
(1) The Senate reaffirms its resolutions
of 26 February 1980, as follows:
(a) It is the right of the Senate to
receive notification of the detention of its members.
(b) Should a senator for any reason be
held in custody pursuant to the order or judgment of any court, other than a
court martial, the court ought to notify the President of the Senate, in
writing, of the fact and the cause of the senator’s being placed in custody.
(c) Should a senator be ordered to be
held in custody by any court martial or officer of the Defence Force, the
President of the Senate ought to be notified by His Excellency the
Governor-General of the fact and the cause of the senator’s being placed in
custody.
(2) Where a senator is arrested, and the
identity of the senator is known to the arresting police, the police ought to
notify the President of the Senate of the fact and the cause of the senator’s
arrest.
(18 March 1987 J.1693)
35 Interference with witnesses
The Senate—
(a) reaffirms the long-established
principle that it is a serious contempt for any person to attempt to deter or
hinder any witness from giving evidence before the Senate or a Senate
committee, or to improperly influence a witness in respect of such evidence;
and
(b) warns all persons against taking any
action which might amount to attempting to improperly influence a witness in
respect of such evidence.
(13 September 1984
J.1129)
Note: See also
the Privilege Resolutions, 25 February 1988, no. 6, paragraphs (10) and (11).
36 Meetings after dissolution of House of
Representatives
The Senate declares that where the Senate,
or a committee of the Senate which is empowered to do so, meets following a
dissolution of the House of Representatives and prior to the next meeting of
that House, the powers, privileges and immunities of the Senate, of its members
and of its committees, as provided by section 49 of the Constitution, are in
force in respect of such meeting and all proceedings thereof.
(22 October 1984 J.1276)
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