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

I 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(2)      This resolution has effect and continues in force unless or until amended or rescinded by the House in this or a subsequent Parliament.

The Standing Committee of Privileges and Members’ Interests has reviewed the procedures of the House in dealing with matters of contempt and noted some additional procedures. These matters have been examined and reported on previously. This proposal involves the House adopting rules to be observed in respect of the imposition of a penalty for contempt. They ensure that, with the House retaining the ability to punish contempts rather than transferring this power to the courts, reasonable rights and protections will be afforded to persons who may be involved. This procedural motion means that, for any member subject to an allegation of contempt, firstly, an opportunity will be afforded to the person or persons accused of contempt to respond to evidence considered by the House and, secondly, an opportunity is afforded to the person or persons to address the House where the House proposes to impose a punitive penalty.

For the House, for any motion of contempt the House must provide seven sitting days notice, the House cannot impose a penalty for contempt which exceeds that recommended by the committee, the House cannot make any finding of contempt if there is no finding made against a person or persons by the committee and members who initiate an allegation of contempt cannot vote in any divisions on motions of contempt or imposition of penalties for those contempts. This recommendation has been recommended by the committee and no comment has been received by the committee since its report on this review was tabled in the House in October 2008. I propose that the House adopts the procedures which are put forward in this motion.

Christopher Pyne (Sturt, Liberal Party, Shadow Minister for Education, Apprenticeships and Training) Share this | Link to this | Hansard source

The opposition also endorses these changes that have come from the Procedures Committee in recommendations that deal with matters of contempt of the House. As the Leader of the House has outlined in his best speech in the chamber in a long time, the recommendations include: that for any motion that makes a finding of contempt or imposes a sanction, seven days notice must be given; that any person penalised by the committee has the opportunity to provide further evidence to the committee; that any person penalised has the opportunity to address the House; that any person who is penalised cannot be penalised in excess of recommendations by the committee; that the House cannot find guilt where the committee has made a finding of no guilt; and that a person who makes an allegation of contempt should not vote in any divisions on motions relating to any findings, or impositions of penalties, for those contempts. The opposition thinks these are improvements to the way in which matters of contempt are dealt with by the House of Representatives. The Procedures Committee has done a good job on both of these matters, and the opposition endorses the recommended changes.

Question agreed to.