Tony Smith (Speaker) Share this | Hansard source

As members are aware, freedom of speech is a powerful privilege which enables the operation of the parliament and attaches to all parliamentary proceedings.

With this privilege comes the responsibility of us all to choose our words carefully, with due regard to the potential consequences. This is especially so in relation to remarks about a specific criminal complaint made to police.

Conventions of the House guide us in exercising this responsibility. One of those conventions is the sub judice convention. House of Representatives Practice contains a very useful and clear statement in relation to the sub judice convention, and I'll read it to the House for the information of members—

In exercising a discretion in applying the sub judice convention the Speaker makes decisions which involve the inherent right of the House to inquire into and debate matters of public importance while at the same time ensuring that the House does not set itself up as an alternative forum to the courts or permit the proceedings of the House to interfere with the course of justice.

Some aspects make the current situation distinctive.

To my knowledge, it's unprecedented that a criminal complaint of sexual assault occurring in the parliamentary precincts has been made before. Further, it's not common that there would be such widespread knowledge of any police complaint at this initial stage. The fact that we are in a situation that is so distinctive does not, though, relieve us of our responsibilities.

In addition to this, the President of the Senate and I have consulted with the Commissioner of the Australian Federal Police and the Chief Police Officer of the ACT in the last few days about this ongoing matter. ACT Policing, through the ACT Chief Police Officer Neil Gaughan, and ACT Deputy Chief Police Officer Michael Chew, advised that its inquiry is ongoing in relation to the matter and further commentary in relation to the investigation may be prejudicial to the criminal investigation. This includes any reference to 'facts in issue' to the investigation, as everything is currently material to any prosecution that may be commenced.

I would therefore remind all members to exercise the rights they have responsibly or risk complicating or compromising an important police investigation.

Debate interrupted.

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