Ms Anna Burke (Speaker) Share this | Hansard source

I am making a statement in reference to a matter of privilege referred to in the report of the Standing Committee on Regional Australia. I apologise; it is rather long.

On 16 May 2013, the honourable member for Bendigo, on behalf of the Standing Committee on Regional Australia, presented the committee's report on its investigation into a possible contempt of the House arising from a newspaper article and an editorial in the West Australian which contained details of an unpublished committee report. The chair of the committee, the honourable member for New England, had advised the House on 11 February 2013 of a possible matter of privilege and indicated the committee would undertake its own investigation of the matter.

In undertaking such investigations committees are asked to:

On the first point, the committee has reported that, as its deliberation on the report had concluded, the unauthorised disclosure did not interfere with its work on the direct matter. However, there were other effects which, the committee concluded, are likely to cause substantial interference with its future work. It also noted the impact on the committee system more widely.

On the second point, the committee identified that a member of the committee had confirmed that he had consulted with a third party in the course of considering his dissenting report but he had not made a disclosure to the journalist who wrote the article in the West Australian. The member for Wannon apologised to the committee.

While I note the committee's view that there are wider implications of such disclosures on its work and the work of other committees, I also note its conclusion that the disclosure did not interfere with its immediate work. There is an important principle that the penal jurisdiction of the House should be exercised with self-restraint. I believe this principle is reflected in the practice of the House of having committees themselves conduct a preliminary investigation of unauthorised disclosures rather than such matters being referred directly to the Committee of Privileges and Members' Interests. In considering whether precedence should be given to refer a matter to the Committee of Privileges and Members' Interests a prima facie case of substantial interference with the work of a committee or the committee system needs to be made out. In particular, the Committee of Privileges and Members' Interests has suggested that there should be special circumstances such as the protection of sources or witnesses such as to warrant a reference to it. However the Committee on Regional Australia did find the issue would cause substantial interference with future work and negatively impacted on the reporting of the inquiry.

I note that the Committee on Regional Australia identified the source of a disclosure and that the member who was involved has apologised. I would hope that the committee's report will provide caution to all members about the importance of preserving the confidentiality of committee information that has not been authorised by a committee.

I note the comments by the committee about the preparation of the article by the journalist involved and its publication, and the publication of an editorial, in The West Australian. The committee was astounded to find that whilst the journalist knew of the rules prohibiting publication of confidential reports, he firmly believed that he had not breached these rules and was not in contempt. I share the committee's concern with the media's disregard for the privileges of the House. I refer the press gallery to the comments made by the Committee of Privileges and Members' Interests in relation to such matters, most recently in August 2012—the report is on the website.

Finally, I note the Committee on Regional Australia also has recommended that the House adopt the resolution proposed by the Committee of Privileges and Members' Interests to give guidance to the House and its committees in dealing with unauthorised disclosures and to better inform the parliamentary press gallery about the prohibition on the publication of unauthorised disclosures. I thank the Regional Affairs Committee for its report on these important matters.

The unauthorised disclosure of a draft report of a committee prior to presentation to the House is contrary to standing order 242, and such matters can be pursued as matters of contempt. Having regard to the committee's investigation of this matter and the recommendation it has made to the House in its report, I am however not prepared to give precedence to a motion for this matter to be referred to the Committee of Privileges and Members' Interests, as the committee found the disclosure did not immediately interfere with its work. This incident does however present a great concern and it demonstrates the need for all members and all media representatives to understand that unauthorised disclosure can be a contempt that can be punished by the House.

See this speech in context