Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

to move:

That the House:In considering any matter referred to it which may involve, or give rise to any allegation of, a contempt, the Committee of Privileges and Members’ Interests shall observe the procedures set out in this resolution, in addition to any procedures adopted by the House for the protection of witnesses before committees. Where this resolution is inconsistent with any such procedures adopted by the House for the protection of witnesses, this resolution shall prevail to the extent of the inconsistency.

(1)

Any person who is the subject of proposed investigation by the committee must be notified in advance of the specific nature of the allegations made against them, preferably formulated as a specific charge, or if this is not possible, of the general nature of the issues being investigated, in order to allow them to respond.

(2)

The committee shall extend to that person all reasonable opportunity and time to respond to such allegations and charges by:

(a)

making written submission to the committee;

(b)

giving evidence before the committee;

(c)

having other evidence placed before the committee; and

(d)

having witnesses examined before the committee.

(3)

Where oral evidence is given containing any allegation against, or reflecting adversely on, a person, the committee shall ensure that that person is present during the hearing of that evidence, subject to a discretion to exclude the person when proceedings are held in private, and shall afford all reasonable opportunity for that person, by counsel or personally, to examine witnesses in relation to that evidence.

(4)

A person appearing before the committee may be accompanied by counsel, and shall be given all reasonable opportunity to consult counsel during that appearance.

(5)

A witness shall not be required to answer in public session any question where the committee has reason to believe that the answer may incriminate the witness.

(6)

Witnesses shall be heard by the Committee on oath or affirmation.

(7)

Hearing of evidence by the committee shall be conducted in public session, except where the committee determines, on its own initiative or at the request of a witness that the interests of the witness or the public interest warrant the hearing of evidence in private session.

(8)

The committee may appoint counsel to assist.

(9)

The committee may authorise, subject to rules determined by the committee, the examination by counsel of witnesses before the committee.

(10)

As soon as practicable after the committee has determined findings to be included in the committee’s report to the House, and prior to the presentation of the report, a person affected by those findings shall be acquainted with the findings and afforded all reasonable opportunity to make submissions to the committee, in writing and orally, on those findings. The committee shall take such submissions into account before making its report to the House.

(11)

If the committee determines to make a recommendation to the House on a penalty to be imposed on a person, the person affected shall be afforded all reasonable opportunity to make submissions to the committee, in writing and orally, in relation to the proposed penalty. The committee shall take such submissions into account before making its report to the House.

(12)

The committee may consider the reimbursement of costs of representation of witnesses before the committee. Where the committee is satisfied that a person would suffer substantial hardship due to liability to pay the costs of representation of the person before the committee, or in the interests of justice, the committee may make reimbursement of all or part of such costs as the committee considers reasonable.

(13)

A member who has instigated an allegation of contempt or who is directly implicated in an allegation, shall not serve as a member of the committee for any inquiry by the committee into that matter.

(14)

Before appearing before the committee a witness shall be given a copy of this resolution.

to move:

That:

(1)

The House, in considering any matter which may give rise to a contempt of the House, shall observe the procedures set out in this resolution:

(a)

for any motion that makes a finding of contempt or that imposes any sanction for contempt, seven sitting days notice must be given;

(b)

if, in considering any matter that may give rise to a contempt, the House wishes to consider further evidence not previously provided to the Committee of Privileges and Members’ Interests, the person or persons accused of contempt shall be given the opportunity to respond to that evidence;

(c)

where the House proposes to impose a punitive penalty on a person or persons for contempt, the person or persons shall have the opportunity to address the House, either orally or in writing;

(d)

where the Committee of Privileges and Members’ Interests has made a recommendation for the imposition of a penalty on a person or persons for contempt, the House shall not impose a penalty which exceeds that recommended by the Committee;

(e)

where the Committee of Privileges and Members’ Interests concludes in a report to the House that there is no finding of contempt against a person or persons, the House cannot make any finding of contempt against the person or persons; and

(f)

any members who initiated an allegation of contempt should not vote in any divisions on motions relating to any findings, or impositions of penalties, for those contempts; and

(2)

This resolution has effect and continues in force unless or until amended or rescinded by the House in this or a subsequent Parliament.

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