What is parliamentary privilege?
Answer
Special protection for members of parliament to speak freely in parliament
Explanation
Parliamentary privilege in Australia is the set of legal protections that allow Members of Parliament to speak freely in Parliament without fear of civil or criminal liability, and that protect parliamentary proceedings from outside interference. The privilege is essential to the operation of parliamentary democracy.
The federal parliamentary privilege is based on Article 9 of the English Bill of Rights of 1689 (carried into Australian law by section 49 of the Constitution and the Parliamentary Privileges Act 1987). Article 9 provides that 'the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament'. This means that words spoken in Parliament cannot be the subject of defamation suits, contempt prosecutions, or other legal action.
The protection covers parliamentary proceedings broadly. It applies to speeches in the chamber, votes on motions, evidence given to parliamentary committees, documents tabled in Parliament, and reports of committees. The protection covers both members and witnesses who give evidence to committees. Hansard (the official transcript) and authorised broadcasts of proceedings are also protected. Witnesses who deliberately mislead a parliamentary committee can be cited for contempt of Parliament, with potential imprisonment of up to six months under the 1987 Act.
Parliamentary privilege has been tested in several major cases. In Egan v Willis (1998), the High Court confirmed that the NSW Legislative Council could discipline a minister who refused to table documents. In Sue v Hill (1999), the High Court ruled on the dual citizenship eligibility of Senator Heather Hill. In R v Murphy (1986), the High Court considered the use of parliamentary evidence in a criminal trial. Modern controversies include the use of parliamentary privilege to name individuals not convicted of any offence (with concerns about fairness to those named), the scope of immunity for parliamentary staff, and the interaction between privilege and anti-corruption investigations. Each House has a Privileges Committee that investigates matters of contempt and breach of privilege.
Why this matters for your test
Parliamentary privilege protects free speech in Parliament from legal liability, and recognising the 1689 Bill of Rights origin and the modern Act helps new citizens understand why parliamentary statements are treated specially.
Source: Australian Citizenship: Our Common Bond (2024)
