the parliament 1 the role of the house of representatives 33
TRANSCRIPT
7
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eface viier summaries xi
List of appendixes and attachments xxxviiList of illustrations and tables xxxviiiReference guide xxxix
The Parliament 1
The role of the House of Representatives 33
43
69
107
149
leers 177
,...227
255
, 297
..349
457
499
539
555
... 583
727
745
ix
Page
1
GOVERNOR-GENERAL ]Appointment 2Administrator and Deputies 2Official secretary 3Powers and functions 4
Dissolution 6And the Parliament 11And the Executive Government 13And the Judiciary 14
POWERS AND JURISDICTION OF THE HOUSES L4Jurisdictional power 15
Section 49 15Section 50 15Standing order I 16
Legislative power 16
THE COURTS AND PARLIAMENT 18Constitutional provisions 18Parliamentary Commission of Inquiry 20The meaning of'misbehaviour' and 'incapacity' 20The courts as a check on the power of Parliament 22Jurisdiction of the courts in matters of privilege 23The right of Parliament to the service of its Members in priority to the
claims of the courts 24Attendance of parliamentary officers in court or their arrest 24Parliamentary debate and the courts 25
CONSTITUTION ALTERATION 25Constitution review 28Distribution to electors of arguments for and against proposed
constitutional alterations 30Referendum results 30Other referendums , 31
XI
xii Chapter summaries
INDEPENDENCE OF THE HOUSES 35
HOUSES 36Financial initiative of the Crown „' 36Financial powers of the two Houses 37
FUNCTIONS OF THE HOUSE 38The Government—Making and unmaking.... 38The initiation and consideration of legislation... 39Seeking information on and clarification of government policy...., 40Surveillance, appraisal and criticism of government administration 40Consideration of financial proposals and examination of public accounts. 41Inquiry by committee ; ...41Ventilation of grievances and matters of interest or concern 42Receiving petitions 42Examination of delegated legislation 42
FUNCTIONS. 42
......43
Informal conference.
Section 57 of the Constitution ...46The 1914 double dissolution 48The 1951 double dissolution 49The 1974 double dissolution :.:.......... 52The 1975 double dissolution 54Significance of the constitutional crisis of 1975 58Tensions in the system of Cabinet government in a State-represented
federal system ..: 60Impact of the 'supply' provisions 61The 1983 double dissolution.. 61The 1987 double dissolution 63
High Court cases relating to joint sitting 67
[ouse, Government and Opposition .69
Relationships 69A note on separation of powers and checks and balances... .70The Government and House proceedings... „ 71The Constitution and Executive Government 72Constitutional conventions 74
Chapter summaries xiii
Aspects of ministerial responsibility 75Collective Cabinet responsibility 75Individual ministerial responsibility 76
POLITICAL PARTIES 78Leaders and office holders 79Party whips 80Party committees and meetings 82Parties and their effect on the House 83
THE MINISTRY 83Composition of the Ministry 83
Number of Ministers 83The two level Ministry 84Coalition Ministries 84Interim Ministries 85Caretaker convention 85The Ministry and the Senate 85
Prime Minister 86Treasurer 88Attorney-General 89Leader of the House 90Cessation of ministerial office 91
Resignation 91Dismissal 93Leave of absence 94
Ministerial assistance 94Assistant Ministers 95Parliamentary Secretaries 96
Ministerial salaries 97Office of profit 98
Personal or pecuniary interest and related matters 98
CABINET 100
Select Cabinets 101
FEDERAL EXECUTIVE COUNCIL 102
THE (OFFICIAL) OPPOSITION 103Composition 103Leader of the Opposition 104Shadow Ministry 105Role of the Opposition 105
xiv Chapter summaries
Sectoral system 107THE FIRST ELECTION 107
THE GROWTH OF THE HOUSE 108
REVIEW OF THE ELECTORAL SYSTEM ; 108
GENERAL ELECTIONS 109
BY-ELECTIONS 110
SENATE ELECTIONS I l l
ELECTORAL DIVISIONS H2Determination of Divisions 112Redistribution 113
Parliamentary procedure 115Limited redistribution 115Improper influence 116
ELECTORS 116Method of voting 118
Senate voting 118
THE TIMETABLE FOR ELECTIONS 119Issue of writs 119Nomination of candidates 120Polling day 121
Scrutineers 122Counting , 122Recount 122
Declaration of the poll 122Return of writs 122Meeting of a new Parliament 123
PUBLIC FUNDING FOR ELECTIONS AND ELECTORAL EXPENSES 123Public funding for election purposes 123Disclosure of income and expenditure 123
Annual returns by political parties and associated entities 123Returns by candidates and political parties 124Returns by third parties and donors 124Returns by media 125Annual returns by government departments 125Failure to make returns or keep records 125Unlawful gifts 125Public availability of returns 125
DISPUTED ELECTIONS AND RETURNS 126
Chapter summaries xv
Chamber 129
PARLIAMENT BUILDINGS 129Meetings in Melbourne and the provisional Parliament House in
Canberra 129The permanent Parliament House 130The site 130Design and construction 130The layout of the building 131
THE CHAMBER 132The Mace 134Seating 134Bar of the House 135Galleries 136Strangers 137Distinguished visitors 138Chamber proceedings 139The Main Committee chamber 140
ACCESS FOR PHOTOGRAPHY AND TELEVISION AND RADIOINTERVIEWS 140
PARLIAMENTARY PRECINCTS AND THE EXERCISE OFAUTHORITY 141The security of the parliamentary precincts 143Disorder and disturbances 144Powers of police in Parliament 146Demonstrations 147
Members 149
THE MEMBER'S ROLE 149Parliamentary 149Constituency 150Party 151
NUMBER OF MEMBERS 151Territorial representation 151
QUALIFICATIONS AND DISQUALIFICATIONS 152Challenges to membership 153
Section 44(i.) of the Constitution 153Section 44(iv.) of the Constitution 154Section 44(v.) of the Constitution 155Section 45(ii.) of the Constitution 155Commonwealth Electoral Act s. 163 156
Penalty for sitting while ineligible 157Consequences of Member sitting while ineligible 157
xvi Chapter summaries
SWEARING-IN 157
NEW MEMBERS , 158First speech 159
PECUNIARY INTEREST 159Professional advocacy 161Personalinterest in committee inquiry 162Parliamentary committee on pecuniary interest 163Government committee on public duty and private interest 163Registration—Committee of Members' Interests 164Draft framework of ethical principles 166
MEMBERS' REMUNERATION AND ENTITLEMENTS 166Electorate allowance and other entitlements 167Superannuation benefits 168
ATTENDANCE 169
VACANCY 169Resignation 169Absence without leave 170Death 171Expulsion 171
TITLES ACCORDED TO MEMBERS 172M.P. (Member of Parliament) 172Honourable 172Academic and other titles 173Longest serving Member of the House ..,.., 173
DRESS AND CONDUCT 174
SERVICE ON NON-PARLIAMENTARY ORGANISATIONS 174
177
THE OFFICE OF SPEAKER 177Origins 177The Speaker today 178Impartiality of the Chair 179Period in office 181
ELECTION OF SPEAKER 182
POWERS, FUNCTIONS AND DUTIES 186Constitutional 186Ceremonial and traditional 186Statutory 188Procedural 189
Powers and functions under the standing orders 189Discretionary powers 189Participation in debate 191Questions 193
Chapter summaries xvii
Administrative 193Control over Parliament House 193Staffing and financial arrangements 194Services to Members 195
Ex officio committees and associations 195
THE MACE AND THE SPEAKER 196
VACANCY IN OFFICE OF SPEAKER 197
ABSENCE OF SPEAKER 198
THE SPEAKER'S VOTE 199Exercise of the casting vote 199
To enable a further decision of the House 200To enable debate to continue 200To decide a matter before the House 201
Speaker voting in committee '. 202
SOURCES OF PROCEDURAL AUTHORITY 202Constitution 202Standing orders 203Traditional practice 203
SPEAKER'S RULINGS 204Dissent from rulings 205Interpretation of the Constitution, or the law 207
CRITICISM OF SPEAKER'S ACTIONS AND CONDUCT 207
DEPUTY SPEAKER 213Appointment of Deputy Speaker 213Powers and duties of Deputy Speaker as Chair of Main Committee 214Resignation and vacancy 215Deputy Speaker as Chair of House 216
SECOND DEPUTY SPEAKER 216
Appointment... , ; , 217
SPEAKER'S PANEL 217
PRINCIPAL PERMANENT OFFICERS OF THE HOUSE 219The Clerk of the House 219Role and functions of the Clerk 221Deputy Clerk 222Serjeant-at-Arms 222The Department of the House of Representatives 223
THE OTHER PARLIAMENTARY DEPARTMENTS 224Parliamentary Reporting Staff 224Parliamentary Library 225The Joint House Department 225
xviii Chapter summaries
The parliamentary calendar 227
TERMINOLOGY 228
A PARLIAMENT 230Summoning Parliament 231Proceedings on opening day 231
House assembles and Parliament opened 231Deputy 232Members sworn 232Election of Speaker 233Presentation of Speaker to Governor-General 233Governor-General's speech 234Formal business 234Report of Governor-General's speech and Address in Reply
Committee 235Other business 235Proposed new arrangements for opening day 236
Dissolution 237Effects of dissolution 237
Expiration 238Prolongation 238
A SESSION 239Opening of anew session 240
'Opening' by the Sovereign 241First Session 241New Session 24 J
Prorogation 241Effects of prorogation 243Prorogation and committees 243Prorogation in practice 246
THE ADDRESS IN REPLY 247Presentation to House 247Debate 248Amendments 249Presentation to Governor-General 249
SITTING AND NON-SITTING PERIODS 251Some statistics 251Pattern of sittings 251Days and hours of meeting 252Special adjournments 253Special reassemblies of the House 253
Chapter summaries xix
DAY ...........255Definition 255Two sittings commencing on the one day 256Length of sittings 256Joint sittings 257Joint meetings .......257Secret sittings and meetings .....258Suspension of sittings 258
Pursuant to standing orders 258Election of Speaker and deputies 259Meeting of anew Parliament ........259Grave disorder 259Want of quorum 259Conference with Senate.... :..... ........260
Pursuant to resolution of the House ....260Practice of the House 260
Meal breaks 260Other occasions .....261
Preliminaries to meeting 263Meetings at hour other than pursuant to adjournmentMeeting when House has not adjourned the previous sitting
ROUTINE OF BUSINESSRoutme of business on Mondays 267Ordinary routine 267
Notices and orders of the day ....267Determination of precedence .....269Postponement of notices and orders of the day..... 269Member absent or failing to rise when notice called on.. 270Discharge of orders of the day .....270Notices and orders of the day not called on 271
Questions without notice 271Presentation of papers .........272Ministerial statements, by leave 272Matter of public importance 273
Matters accorded precedence ....273Censure or want of confidence motions and amendments ...273Matters of privilege ..274Votes of thanks or condolence 274Motions for leave of absence to a Member 275Announcements of ministerial arrangements 275Swearing-in of Members and announcements of returns to writs 275
xx Chapter summaries
Other matters that can interrupt the ordinary routine of business 275Personal explanations 275Acknowledgment and admission of distinguished visitors 275Announcements and statements by the Speaker 276Committee reports and papers 276Matter of special interest 276Suspension of standing orders 276Points of order 277Disorder 277Absence of a Minister , 277
ELEVEN O'CLOCK RULE 278
ADJOURNMENT .....279Standing orders provisions 279
Motion moved by a Minister •. 280Automatic adjournment 280Adjournment of the House 281
Adjournment of the House for special reasons 282
QUORUM . 282Standing orders provisions 283
Quorum at time of meeting 283Quorum during sitting 283
Want of quorum in division 283Want of quorum noticed 284
Resumption of proceedings after count out 286
DIVISIONS 286Determination of questions arising 286Entitlement of Members to vote 287Divisions not proceeded with 287Recording dissent 288Procedure during divisions 288
Ringing of bells and locking of doors 288Appointment of tellers 288Voting 290Business arising during a division 291
Deferral of divisions 291Record of divisions 291Pairs 292Free votes 293Proposals for change in division procedure 294
BALLOTING 296
Chapter summaries xxi
Motions 297
WHAT IS A MOTION? 297
RULES REGULATING REQUIREMENT OF NOTICE 299Motions requiring notice 299Motions moved without notice 300Giving notice 301
Openly 301Delivering copy of terms to the Clerk 301Member absent 301Member suspended 302
Need for seconder 302Contingent notice 302Order on the Notice Paper 303Notice divided 304Authority of the Speaker 304Notice altered by Member 305Withdrawal or removal of notice 306
MOTIONS 306Rules regarding subject matter 306Same question rule 306Anticipation 308Progress in House ; 308
Motion moved 308Motion seconded 309Motion dropped 310Question proposed—motion in possession of House 310Withdrawal "of motion 311Question superseded or dropped 311Question deferred 311Consideration of question interrupted 312Motion declared urgent 312Complicated question divided 312Question put and result determined , 313
Consideration in the Main Committee 313Orders and resolutions of the House 314
Duration 314Effect 316Resolution or vote of the House rescinded or varied 317Resolution expunged from records 319
SPECIAL TYPES OF MOTIONS 319Want of confidence and censure 319
The Government 319Ministers 325Censure of Minister or Government by Senate 326Censure of a Member 327Censure of the Opposition 328
xxii Chapter summaries
does—continued
Addresses 328To the sovereign '. 328To members of the Royal Family 329To the Governor-General 329Resolutions to sovereign and Governor-General 330Presentation of Addresses 330Reply , 331
Motion of condolence 331Vote of thanks 333Motion to suspend standing or sessional orders 333
Pursuant to notice 334By leave of the House 334Without notice 335Without notice as a tactical measure 336Debate on motion 336Limitation of suspension 337
Absolute majority 337Constitutional validity 337Speaker's vote , 338
AMENDMENTS TO MOTIONS 339How to move 339Restrictions on Members in moving and speaking to amendments 340Seconder required 341Amendment in possession of House 341Form and content of amendment 341
Relevancy 341Legible and intelligible 341Consistency 341Same amendment 342Amendment to earlier part of question 342Amendment to words already agreed to 342Direct negative 342Alternative propositions 343Other restrictions 344
Order of moving amendments 345Withdrawal of proposed amendment 346Amendment to proposed amendment 346Putting question on amendment 346
islation 349
THE LEGISLATIVE FUNCTION OF PARLIAMENT 349
BILLS—THE PARLIAMENTARY PROCESS 349Form of bill 350Preparation of bills—The extra-parliamentary process 354Synopsis of major stages 355The application of the same question rule to bills 357Classification of bills 358
Chapter summaries xxiii
ORDINARY BILLS 358Initiation and first reading 358Referral after first reading 362
Referral to committee for advisory report 362Referral to the Main Committee 363
Second reading 364Amendment to question for second reading 368Reasoned amendment in the Main Committee 373Determination of question for second reading 373Bill reintroduced 373Bill not proceeded with 374
Proceedings following second reading 374Reference to select committee 375Instructions to a committee 376Reference to legislation committee 377Leave to move third reading/report stage forthwith 377
Former committee of the whole 377Consideration in detail 378
Moving of motions and amendments during consideration in detail.... 378Report stage (for bills considered by Main Committee) 384Reconsideration 385Third reading and final passage 386
Rescission of third reading 387
PRINTING AND OTHER ADMINISTRATIVE ARRANGEMENTS INCONNECTION WITH BILLS 388Deputy Speaker's amendments 389Clerk's certificate and transmission to the Senate 389
THE FINANCIAL PROCEDURES OF THE HOUSE 390Former financial procedures 391The Consolidated Revenue Fund, the Trust Fund and the Loan Fund 391
BILLS CONTAINING SPECIAL APPROPRIATIONS 392Examples of special appropriation bills 393Procedures peculiar to special appropriation bills 393
TAXATION BILLS 397Procedures peculiar to taxation bills 400Customs and excise tariff proposals ' 401
APPROPRIATION AND SUPPLY BILLS 402Summary 402Ordinary annual services of the Government 404The components of the annual Budget 405
Appropriation Bill (No. 1)—the main appropriation bill 405Appropriation Bill (No. 2) 407Appropriation (Parliamentary Departments) Bill 407Budget documents and related papers , 407
Additional appropriation bills 408Supply bills 409Advance to the Minister for Finance 410Advances to the Speaker and President of the Senate 410
xxiv Chapter summaries
12 Legislation-—continued
CONSTITUTION ALTERATION BILLS 411Absolute majority 411Disagreements between the Houses 412
BILLS RECEIVED FROM THE SENATE ; 412
PROCEDURAL VARIATIONS FOR PASSAGE OF BILL 414All stages without delay 414Bills considered together 415Cognate debate 415Bills declared urgent 416
Declaration of urgency 417Allotment of time 418Proceedings under guillotine 420
PROCEDURE FOLLOWING SENATE CONSIDERATION 422Limitations on Senate power of amendment 422Agreement by Senate without amendment (or requests) 422Senate amendments 423
Rescission of agreement to Senate amendments 425Committee of Reasons 425Senate requests for amendments 425
Inquiries into the interpretation and application of the3rd paragraph of s. 53 430
Requested amendments made 432Requested amendments not made 433
Requested amendment not made, but effect achieved by other means. 433Bills which the Senate may amend, in parts, and must request, in parts... 433Pressed requests '. 434The issue of possible division of bill 438Proceedings in case of continued disagreement 438
SENATE BILLS AMENDED BY HOUSE 439
LAPSED BILLS 441
PRESENTATION OF BILLS TO THE GOVERNOR-GENERAL 442Preparation of bills for submission for assent 443Presentation of first bill for assent 444Governor-General's assent forthwith 444Bills reserved for the Queen's assent 444Presentation of constitution alteration bills 445Amendment recommended by Governor-General 446Errors in respect of bills assented to 447Publication of Acts 447Presentation of double dissolution bills 447
DELEGATED LEGISLATION 448Parliamentary scrutiny and control 449Approval 450Disallowance 451Reckoning of time 452Notice to disallow before tabling 452
Chapter summaries xxv
Delegated legislation procedure in the House 453Regulations and Ordinances Committee 453Legislative Instruments Bill 1996 454
Incorporation of provisions of the Acts Interpretation Act 454Notification of intention to make legislative instruments and
consultation 454Register of Legislative Instruments 454Disallowance 454Sunset provisions 455
THE INTERPRETATION OF ACTS 455Construction of Acts subject to the Constitution 455Regard to purpose or object of Act 455Use of extrinsic material in the interpretation of an Act 455
Control and conduct of debate 457
AND RIGHT OF SPEECH 458When Members may speak 458
Matters not open to debate 458Mover and seconder of motions and amendments 458Question on motion or amendment before the House
or Main Committee 459Speaking in reply 459Misrepresentation 460Personal explanations 460Other matters by indulgence of the Chair 461Statements by leave 462
Allocation of the call 464Manner of speech 465
Remarks addressed to Chair 465Place of speaking 466Reading of speeches 466Language of debate 466Incorporation of unread material into Hansard 466Display of articles to illustrate speeches 469Citation of documents not before the House 469
RULES GOVERNING CONTENT OF SPEECHES 470Relevancy in debate 470
General principles and exceptions 470Cognate debate 471Persistent irrelevance or tedious repetition 472
Anticipation 472Allusion to previous debate or proceedings 473Allusion to Senate debate or proceedings and to Senators 473Offensive or disorderly words 475References to, and reflections on, Members 476References to the Queen, the Governor-General and State Governors 478Reflections on members of the judiciary 479Reflections on the House, statutes and votes of the House 480
xxvi Chapter summaries
13 Controi and conduct of debate—continued
References to other governments and their representatives 480Sub judice convention 481
Right to legislate and discuss matters 482Discretion of the Chair 482Civil or criminal matter 483Chair's knowledge of the case 484Matters before royal commissions and other bodies 484
Unreported committee evidence 485
INTERRUPTIONS TO MEMBERS SPEAKING 485
CURTAILMENT OF SPEECHES AND DEBATE 487Curtailment of speeches 487
Time limits for speeches 487Extension of time 488Closure of Member 489
Adjournment and curtailment of debate 489Motion for adjournment of debate 489Closure of question 490Guillotine 492Other provisions for the interruption and conclusion of debates 492
POWERS OF CHAIR TO ENFORCE ORDER 493Naming of Members 493Proceedings following the naming of a Member 494Gross disorder by a Member 497Orders to withdraw from the Chamber 497Grave disorder 498Disorder in the Main Committee 498Other matters of order relating to Members 498
14 Questions 499
QUESTION TIME .499Some historical features 499Duration of Question Time 501Number of questions 501Allocation of the call 502Supplementary questions 503
RULES GOVERNING QUESTIONS 504Questioners 504
Private Members. 504Ministers 504Parliamentary Secretaries, etc 504Speaker 505
Chapter summaries xxvii
Direction of Questions 505To Ministers 505
Rostering of Ministers 506To Parliamentary Secretaries, etc 506To private Members 506To committee chairs 508To the Speaker 508
Form and content of questions 509To relate to Minister's public responsibilities 509Statutory authorities 510Questions to seek factual information or press for action 510Debate, argument, etc 511References to debates and committee proceedings 511Anticipation of business 511Information in questions 512References to newspaper reports, etc 512Questions seeking opinions 513Announcement of government policy 514Inferences, etc 514Identification of people in questions 514Questions concerning the Crown 515The sub judice convention 516Language 516Repetition of questions 516Question without notice similar to question on Notice Paper 517Questions requiring detailed response 517Personal interest 517
QUESTIONS ON NOTICE 517Notice of question 53 8Form and content 519Order of questions 519Removal of questions from Notice Paper 519
ANSWERS 519No obligation to answer 519Answers to questions put to Ministers representing Senate Ministers 520Answers to questions without notice 520Content of answers 521Length of answers 522Answers and the authority of the Chair 523Answers to questions on notice 523
Unanswered questions 525
xxviii Chapter summaries
ic importance 527NATURE OF THE PUBLIC IMPORTANCE DISCUSSION
PROCEDURE 527
HISTORICAL BACKGROUND 528
PROPOSAL OF MATTER TO SPEAKER 530Time 530
DISCRETIONARY RESPONSIBILITY OF THE SPEAKER 530More than one matter proposed 531Criteria for determining a matter in order 532
Matter must be definite 532Public importance 532Ministerial responsibility 532Anticipation 533Current committee inquiries 533Subjudice 533Matter presented, or subject debated, previously 534Matters involving legislation 534Subject that can only be debated upon a substantive motion 535
READING OF MATTER TO THE HOUSE 535Matter submitted amended 536Matter proposed withdrawn 536
DISCUSSION 536Termination of discussion 537
SUSPENSION OF MPI PROCEDURE 537
business 539
PREVIOUS ARRANGEMENTS 540
PRIVATE MEMBERS' MONDAYS 540Routme of business on Mondays.. 540Selection Committee 541
CONSIDERATION OF COMMITTEE AND DELEGATION REPORTS . 542
PRIVATE MEMBERS'BUSINESS 543Precedence by order of the House 543Private Members' motions 544Private Members'bills 545
Financial initiative of the Crown 546Drafting 547Impact 548
Chapter summaries xxix
VANCE DEBATE 550Origins , ' 550Programming of the debate 550Scope of the debate 550
MEMBERS'STATEMENTS 551
ADJOURNMENT DEBATE 552Time limits 552Debate 552Call of the Chair 553
Papers and documents 555
PAPERS PRESENTED TO THE HOUSE 555Method of presentation 555
Time of presentation 555By the Speaker.. 556Pursuant to statute 557By command 557Deemed to have been presented 558By leave 558
By private Members 559Ministers 559
Pursuant to standing order 321 559Laid on the Table by the Clerk 560
Returns to order 560Election petitions 560Returns to writs 560Addresses for papers ; 560
Parliamentary committee reports 561Parliamentary delegation reports 561.Petitions 561Ministerial statements 561Custody and availability of original documents 562
ORDERS AND RESOLUTIONS IN RELATION TO PAPERS ANDDOCUMENTS PRESENTED 563Motion to print paper '. 563Motion to authorise publication of document 563Motion to take note of paper 563Resolutions authorising the production of documents and attendance of
officers in court or other proceedings 564
xxx Chapter summaries
17 Papers—continued
DISTRIBUTION AND PRINTING OF DOCUMENTS 564Distribution of papers tabled 564
Release prior to tabling 565Parliamentary Papers Series 565Role of the Publications Committee 566
The printing function 566The investigatory function 567Reports 567
DOCUMENTS OF THE HOUSE 567Votes and Proceedings 567
Accuracy and alterations 569Notice Paper 570
Items of business 570Notices 571Orders of the day 571Contingent notices of motion 572
Questions on notice 572General information 572
Parliamentary debates (Hansard) 572Control of publication 573Correction, deletion and incorporation of material 573
Copyright 574
PARLIAMENTARY PRIVILEGE RELATING TO PAPERS ANDDOCUMENTS 575Documents authorised to be published 575Hansard 576Votes and Proceedings and Notice Paper 576Documents not ordered to be printed or authorised for publication 577
PUBLIC INTEREST IMMUNITY 578The courts 579The Parliament 580
18 Parliamentary committees 583
AUTHORITY FOR THE APPOINTMENT OF COMMITTEES 583
TYPES OF PARLIAMENTARY COMMITTEES 586Unofficial committees 586
COMMITTEES OF THE HOUSE—OPERATIONS ANDPROCEDURES 587Appointment 587Eligibility to serve on committees 589
Personal interest 589Suspension from the House 590
Membership 590Vacancies 592
Chapter summaries xxxi
First meeting 593Chair 593The relative roles of Speaker and committee chair 594
Procedural authority 594Administrative authority 595
Deputy chair 596Meeting procedures 596
Sittings 596Committee meetings outside Parliament House 597Inspections 598Quorum 598Presence at meetings of Members who are not members of the
committee 598Strangers or visitors 599Secret committees 599Procedures at hearings 599Seminars, informal discussions, public meetings and workshops 601Videoconferencing etc.—possible use 602Disorder 602Motions and divisions 603Minutes of proceedings 604
Confidentiality of proceedings and records 604Subcommittees 605Conferences etc. with committees of the Senate 607Reports 608
Frequency of reporting 608Drafting and consideration of reports 609Protest or dissent 610Presentation of reports 611Amendment of tabled reports 612Premature disclosure or publication 632Authority for release when House not sitting 614Recommittal 634Government responses to reports 614
Effects of prorogation and dissolution 615Prorogation 615Dissolution 615
Televising, filming and tape recording of proceedings 615Staff and advisers 617
COMMITTEES CONCERNED WITH THE OPERATIONS OF THEHOUSE 618Appointment 618Powers and procedures 618Quorum 619Library and House Committees 619Publications Committee 619Committee of Privileges 620Committee of Members' Interests 620Procedure Committee 620Selection Committee 623
xxxii Chapter summaries
Parliamentary committees—continued
GENERAL PURPOSE STANDING COMMITTEES 621Appointment of Members 622Powers and procedures 623Quorum .623
JOINT COMMITTEES ESTABLISHED BY RESOLUTION OF BOTHHOUSES 623Creatures of both Houses 623Types of joint committee 624Powers and privileges 625Quorum 625Meetings 626
Meetings during sittings of the Senate 626Election or appointment of chair 627Voting 627Protection of witnesses 628Admission of strangers and others 628Tabling of reports and minutes 628Publication of evidence 629Witness in prison 629Consideration of bills by House members of joint committees 629
JOINT STATUTORY COMMITTEES 629Parliamentary Standing Committee on Public Works 629
Appointment 629Procedures 630Functions and inquiries 630Reports 632Evidence , 632Staff and expert assistance 633
Joint Committee of Public Accounts 634Appointment 634Procedures 634Functions and inquiries 635Reports 635Evidence 636Staff and expert assistance , 636
Joint Committee on the Broadcasting of Parliamentary Proceedings 637Parliamentary Joint Committee on the Australian Security Intelligence
Organization 638Appointment 638Procedures 638Functions 639Evidence 639Disclosure to Parliament 640Staffing 640
Other statutory committees 640
EVIDENCE , 641Extent of Parliament's investigatory powers 641Power to send for persons, papers and records 641
Chapter summaries xxxiii
Statutory secrecy provisions 642Obtaining evidence 642
Invitation of submissions 642Evidence from Commonwealth public servants 643Compulsory attendance 644Answers to questions, provision of information 645Public interest immunity 646
The Government's strong position 646Government guidelines 647Court principles and practice and their relevance 648Committee practice 648Proposal for court involvement 651
Evidence from State public servants and State Members 651Evidence from Members, Senators and parliamentary officers 652
Documentary evidence—additional considerations 655Submissions and exhibits 655Search for documents 656Withdrawal, alteration, destruction or return of documents 657
Sub judice convention 658Charges against Members.... 659Swearing of witnesses 659Offences by witnesses 660Protection of witnesses 664
Confidentiality 664Counsel/advisers 664Protection in legal proceedings 666Protection from improper interference, arrest, molestation, etc 667Other proposals for protection of witnesses or other persons 669Payment to witnesses 669
Evidence as to proceedings, etc, 670Publication of evidence 670
Authorisation for publication of evidence 670Media coverage : 671In camera hearings 671Confidential documents 673Unusual secrecy provisions 674Unauthorised disclosure or publication of evidence 674Expunging of material from evidence etc 675
privilege 677
PRIVILEGE DEFINED 677
THE COMMONWEALTH PARLIAMENT'S PRIVILEGE POWERS 677Statutory provisions 677Judicial interpretation of section 49 678Reference to House of Commons practice 679
xxxiv Chapter summaries
lege—continued
Its meaning and necessity 680Distinction between breach of privilege and contempt 681No new privilege may be created except by legislation 681
qualified privilege 683Proceedings in Parliament 683Privilege attaching to Hansard reports 685
)orts of proceedings 685
Restriction on use of or reference to parliamentary records 686Arrangements for the production of parliamentary records 687Waiver of privilege by House not possible 688Matters arising when House is not sitting 688Precedents 689
Sankey 'Loans affair' prosecution 689Order of Mr Justice Begg in the case of Uren v. John Fairfax
& Sons Lid 690Royai Commission into Australia's Security and Intelligence
Agencies 691Cases involving Mr Justice Murphy and Judge Foord 691Aboriginal Affairs Committee inquiry 692
inquiry 693
ARREST ETC 694to be informed of the detention of a Member 694
Extension of privilege to others 695tion from jury service 695don from attendance as a witness 695
F TABLED PAPERS TO MEMBERS 696
ACTS CONSTITUTING BREACHES OF PRIVILEGE ANDiMPTS 696
In the presence of the House or a committee 698Disobedience to the rules or orders of the House 698
of the right of petition 698rged or falsified documents 699
Conspiracy to deceive 699Deliberately misleading the House 699Corruption in the execution of their office as Members 700Advocacy by Members 700
Obstructing Members and officers in the discharge of their duty 700
Chapter summaries xxxv
Attempts by improper means to influence Members in the performanceof their duties 701The offer of a bribe 701Intimidation etc. of Members 701'Bankstown Observer' (Browne/Fitzpatrick) Case 702Case involving Hon. G. G. D. Scholes, MP 703Cases involving letters written by Members 703Case involving Mr Katter, MP 704
Offences against witnesses 704Berthelsen Case (1980) and other cases 705
Acts tending indirectly to obstruct Members in the discharge oftheir duty 705Reflections on Members 705Premature publication or disclosure of committee proceedings,
evidence and reports 706Other indignities offered to the House 707
Other matters which have arisen 708
PENAL JURISDICTION OF THE HOUSE 709Power and source 709Commitment 710Form of warrant 711Power to fine 711Reprimand or admonishment 712Exclusion of media representatives from precincts 713Apology 714
PUNISHMENT OF MEMBERS 715Suspension 715Former power of expulsion 715
MANNER OF DEALING WITH PRIVILEGE AND CONTEMPTMATTERS 715Raising of matter and determination of prima facie case 715
Matter arising in committee proceedings 718Matter arising when the House is not sitting 718Recommended changes 718
Committee of Privileges 719Membership 719Authority and jurisdiction 719Procedures 720
Proceedings following report 722
PROPOSALS FOR CHANGES IN THE LAW AND PRACTICERELATING TO PRIVILEGE AND CONTEMPT 723
LIMITATIONS AND SAFEGUARDS IN THE USE OF PRIVILEGE 724
xxxvi Chapter summaries
and the citizen 727
ACCESS TO PROCEEDINGS 727Televising and radio broadcasting of proceedings 728
Televising of proceedings 728Radiobroadcasts of proceedings 729
General principles 729Standing determinations 730Re-broadcasts 730Broadcasting of excerpts 731
Legal aspects 731Historic records 731
The taking of photographs and films 732The media 732Parliamentary Education Office 733
INFORMING AND INFLUENCING MEMBERS 733Petitions .........733
Petitions in the House of Representatives 733Form 734Content 736Signatures 737Presentation 738Petitions from unusual sources 740Abuse of the right of petition 741Privilege attaching to petitions 741
Parliamentary committees 741THE MEMBER AND THE HOUSE IN THE DEMOCRATIC
PROCESS 742House of Representatives practice and reform 742
xxxvn
Page
Appendixes
1 Governors-General and Administrators 7452 Speakers of the House of Representatives 7483 Deputy Speakers 7574 Leaders of the Opposition 7585 Clerks of the House of Representatives 7616 Prime Ministers of Australia 7627 Chronological list of Ministries 7638 Leaders of the House 7649 Number of Ministers—statutory variations 765
10 Party affiliations in the House of Representatives 76611 Electoral Divisions—number at general elections 76812 General elections—significant dates from 19th to 38th Parliaments 76913 Election petitions—House of Representatives 77014 Referendums and results 77615 Chronology of Parliaments 77716 Sittings of the House 78217 Consideration of legislation by House 78518 Senate requests for amendments to bills 78719 Bills reserved for Sovereign's assent and bills returned by the Governor-
General with recommended amendments 81120 Statistics on selected proceedings 8122 3 Proportion of House time spent considering certain categories of business
1987-1996 81422 Questions 3963-1996 81523 Comparison of percentage of House time spent in consideration of
government business and private Members' business 1987-1996 81624 Committees of the House of Representatives and joint committees 81725 Matters raised as matters of privilege in the House of Representatives 819
House of Representatives standing and sessional orders 871
Registration of Members' interests (resolutions) 947
Rules for joint sittings 949
The Constitution 955
Statute of Westminster Adoption Act 1942 977
Parliamentary Privileges Act 1987 981
Parliamentary Precincts Act 1988 993
Index 1001
XXXV1I1
PageIllustrations
The House of Representatives Chamber seating plan 133The parliamentary calendar in perspective 229The Address In Reply 248Daily Program , ,..,...,.., , , , 266Routine of business 268Procedure for dealing with a motion 298The making of an Act of Parliament facing 354Form of a petition 735
Tables
1 Early dissolutions of the House of Representatives 82 Ratio of electors to Members 1083 General elections for 38th Parliament—schema 1194 Disturbances in the Chamber 1455 Motions of dissent from rulings in the House 1901-96 2066 Motions of censure of or want of confidence in the Speaker,
the Acting Speaker or Deputy Speaker, and related motions 1901-96 2107 Classes of bills 3608 Private Members' bills introduced into the House of
Representatives 1901-1996 5489 Private Members' bills passed into law 1901-1996 549
10 Bills sponsored by the Speaker and passed by House 1901-1996 550