Tony Smith (Speaker) Share this | Link to this | Hansard source

As members would be aware, on Monday the Manager of Opposition Business raised as a matter of privilege whether the member for Pearce had failed to comply with the resolution of the House regarding the registration of members' interests such as would constitute a contempt of the House.

I'm satisfied that the Manager of Opposition Business has raised the matter at the earliest opportunity. The Manager of Opposition Business tabled a number of related documents, and I have examined these as well as his statement to the House.

The matter arises from an alteration made by the member for Pearce to his statement of interests on 13 September 2021. As recorded in the Register of Members' Interests, this alteration addresses payments related to a defamation case in the court. In the alteration, the member lists:

• Part contribution to the payment of my fees by a blind trust known as the Legal Services Trust. As a potential beneficiary I have no access to information about the conduct and funding of the trust.

The Manager of Opposition Business claims that, by not including detail as to the source of the donated funds in his statement of interest, the member for Pearce has deliberately evaded the purpose of the register. I also note that, while the member for Pearce made a public statement on 19 September about obtaining information from the trustee of the Legal Services Trust, that information did not include detail as to the source of the donated funds.

The House has several rules about the pecuniary interests of members, in standing orders and the resolution for the registration of members' interests.

In 1986, the House provided that certain behaviours in relation to the registration of members' interests would be included as a category of contempt of the House.

Since passage of the Parliamentary Privileges Act in 1987, section 4 of that act provides the test which applies to consideration of all contempts.

The registration of members' interests is, in its nature, a disclosure regime, and transparency is a key feature. All members of this House would be familiar with their obligations in relation to completing and maintaining a statement of registrable interests and the fact that these obligations require them to exercise their judgment about the disclosures.

The explanatory notes, published by the Committee of Privileges and Members' Interests, state: 'The purpose of the statement of registrable interests form is to place on the public record members' interests which may conflict, or may be seen to conflict, with their public duty.' The notes also state as guidance: 'No form can cover all possible circumstances and members should consequently bear in mind the purpose and spirit of the return in deciding which matters should be registered.'

Based on my careful consideration of all the information available to me, I am satisfied that a prima facie case has been made out, and I'm willing to give precedence to a motion concerning privilege or contempt, as raised by the Manager of Opposition Business, referring the matter to the Committee of Privileges and Members' Interests.

As members would also be aware, and as House of Representatives Practice makes clear, 'an opinion by the Speaker that a prima facie case has been made out does not imply a conclusion that a breach of privilege or contempt has occurred.'

In giving precedence for a motion to be moved, I am simply allowing the House the opportunity to consider a motion immediately and debate and decide on whether the matter should be referred to the committee for inquiry and report.