House debates

Tuesday, 15 August 2017

Questions without Notice

Qualifications of Members

2:37 pm

Photo of Christopher PyneChristopher Pyne (Sturt, Liberal Party, Leader of the House) Share this | Hansard source

Thank you, Mr Speaker. Under the standing orders in the House of Representatives Practice, the sub judice convention on page 562 says:

Questions should not raise matters awaiting or under adjudication in a court of law. In such cases the House imposes a restriction upon itself to avoid setting itself up as an alternative forum to the courts and to ensure that its proceedings are not permitted to interfere with the course of justice.

Yesterday, Mr Speaker, you had not yet written to the High Court referring the member for New England to the High Court for adjudication. Today, as I understand it, you have written to the High Court. Therefore, I believe that question, which asks a very specific question about the status of the member for New England, is now subject to the sub judice rule, and, therefore, should not be allowed to be asked.

Opposition members interjecting

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