125th Report

Parliamentary privilege: Precedents, procedure and practice in the Australian Senate 1966—2005

19 December 2005

View the report as a single document - (PDF 985KB)

View the report as separate downloadable parts:

Membership of the committee	(PDF 127KB)
Preface	(PDF 88KB)
Chapter 1 – Privilege 1901-1987	(PDF 199KB)
Meaning of privilege Scope of the report Privilege 1901-1965 House of Representatives Committee of Privileges The establishment of the Senate Committee of Privileges Reports 1971-1987 Unauthorised disclosure of committee report Claims of executive privilege Security measures at Parliament House Unparliamentary language used in debate Detention and harassment of senators Improper disclosure of in camera evidence and of proposed amendment to bill
*Chapter 2 – Parliamentary Privileges Act 1987* and the Senate privilege resolutions**	(PDF 188KB)
Passage of Parliamentary Privileges Act and Senate Privilege Resolutions Summary and discussion of privilege resolutions Raising matters of privilege Criteria for determining contempt Committee of Privileges proceedings Matters constituting contempts Findings of and punishments for contempt Right of reply Other resolutions
Chapter 3 – Privilege 1988-2005 – Right-of-reply matters	(PDF 165KB)
Introduction Method of operation Reports 1988-2005 Types of responses Analysis Conclusion
Chapter 4 – Privilege 1988-2005 – Analysis of contempt matters	(PDF 296KB)
Introduction Scope of privilege – advisory reports Circulation of petitions Claims of executive privilege Reports on questions raised by other committees Reports consequential on Committee of Privileges inquiries Possible improper obstruction of senators or committees Possible false or misleading evidence before committees Matters raised by senators or committees Matters raised by other persons Misreporting and misrepresentation of committee proceedings Unauthorised disclosure of proceedings or documents of committees Discovery of sources of unauthorised disclosure Undiscovered sources of unauthorised disclosure Possible improper interference with persons providing information to the Senate and committees Possible contempts involving private citizens Possible contempts involving public officials Possible failure to comply with the resolutions relating to the registration of interests
Chapter 5 – Privilege 1988-2005 – Committee’s methods of operation	(PDF 230KB)
Conduct of committee inquiries Legal representation For persons affected by matters referred to the committee For Committee of Privileges Public hearings Notification of committee’s findings Senate proceedings Reimbursement of legal costs Committee’s sources of advice Advice from counsel Clerk’s advice Advice from other sources Committee of Privilege’s advice to others Other matters Participation of members of the committee in certain inquiries Standard of proof Relationship between public officials and the Parliament Guidelines relating to unauthorised disclosure of committee proceedings References to other committees Relationship with the courts Execution of search warrants in senators’ offices
Chapter 6 – Conclusion	(PDF 144KB)
Appendix A - Parliamentary Privileges Act 1987	(PDF 190KB)
Explanatory Memorandum
Appendix B - Senate privilege resolutions	(PDF 211KB)
Explanatory notes Notes on amendments moved by Senator Durack Responses to questions raised in debate on 25 February 1988
Appendix C - Membership of Committee of Privileges 1967-2005 (Available in PDF format only)	(PDF 28KB)
Appendix D - Chairs and Deputy Chairs of Committee of Privileges 1971-2005	(PDF 116KB)
Appendix E - Work of Committee of Privileges: Some Facts and Figures	(PDF 183KB)
Appendix F - Procedures for Committee of Privileges hearings	(PDF 139KB)
Appendix G - Resume of reports of Committee of Privileges	(PDF 379KB)
Appendix H - Advices from the Clerk of the Senate	(PDF 181KB)
Appendix I - Index to persons, organisations and subjects mentioned in reports of Committee of Privileges (Available in PDF format only)	(PDF 140KB)