House debates Committees
Privileges and Members' Interests Committee; Report
Justine Elliot Richmond, Australian Labor Party
4:13 pm
by leave—I move:
That the House:
(1) note the legal action taken in the Federal Court of Australia by Mr Alan Whykes against Mr Geoffrey Swan, known as Alan Phillip Whykes v Geoffrey Robert Swan;
(2) note the report of the Standing Committee of Privileges and Members' Interests on its inquiry into whether the subpoena issued by the Federal Court of Australia to the Member for Clark raises issues of parliamentary privilege or contempt such that the House should intervene in the court proceedings to assert the protection of privilege;
(3) consider that the range of documents, sought to be produced by the subpoena, recording various communications between the office of the Member for Clark and Mr Swan, are likely to fall within the definition of 'proceedings of Parliament' under subsection 16(2) of the Parliamentary Privileges Act 1987 (the Act);
(4) note the restrictions placed by subsection 16(3) of the Act on the treatment of proceedings in Parliament;
(5) acknowledge that interpretation of the Act, and therefore determination of the application of parliamentary privilege in court proceedings, is a matter for the courts; and
(6) note that, notwithstanding the foregoing, requiring the provision to the Court of documents given to a Member for the purpose of or incidental to the transacting of their business as a Member of the House of Representatives, may give rise to circumstances amounting to a contempt of the House.
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