Julian Hill (Bruce, Australian Labor Party, Assistant Minister for Citizenship and Multicultural Affairs) Share this | Link to this | Hansard source

I wish to raise a matter of privilege under standing order 51. The matter relates to a concerns notice I have received pursuant to the Queensland Defamation Act 2005 issued to me by Melissa Inglis and Nathan Kershler of Rose Litigation Lawyers, acting on behalf of Mr John Margerison. The notice raises concerns about a number of publications, including an official media release published by the parliament of Australia pursuant to a resolution of the Joint Committee of Public Accounts and Audit, the JCPAA, and a video of me answering a question in question time. The notice asks me to retract the publications referred to, including the official media release of the JCPAA, and apologise to Mr Margerison, failing which I can anticipate court proceedings will be filed against me.

The publications referred to in the concerns notice relate to an inquiry undertaken by the JCPAA while I was the chair into procurement and related matters of Services Australia and the NDIA. In essence, my request is that, having reviewed the issues raised, you consider giving precedence to a motion to refer to the Standing Committee of Privileges and Members' Interests whether, No. 1, the concerns notice foreshadows court proceedings that could not be pursued without breaching parliamentary privilege such that the House should express a view on this matter and intervene if court proceedings are commenced in order to protect parliamentary privilege and the ability of this House and its members to undertake their work; and, No. 2, the threat of this legal action, presumably on advice, may constitute a contempt of this House by way of improper interference with the free exercise of the JCPAA's authority or functions and the free exercise of my duties as a member and chair of the committee.

As chair of the committee, I was authorised to issue media statements in relation to this and all other inquiries. I was authorised to make public statements regarding the progress of this inquiry. Indeed, as all members would appreciate, the long-established practice of parliamentary committees is that public communication in relation to inquiries is part of the responsibility of any chair of a committee. This ordinarily includes media releases, media interviews and media comment addressing issues in the House, complemented these days by social media. Such communications are made by committee chairs in the course of, for the purposes of, or incidental to the transacting of the business of the committee. As chair of the committee, at every key step I sought procedural advice from parliamentary officials and acted in accordance with the resolutions of the committee and the ordinary expectations of committee chairs. I am taking the concerns notice seriously and consulting with my lawyers, and will respond in due course in good faith. However, I consider that I am obliged to raise this matter of privilege in advance of responding to the concerns notice, as the standing orders require me to do so at the first available opportunity.

I submit that in the circumstances there's a prima facie case that section 16 of the Parliamentary Privileges Act 1987 is engaged. 'Proceedings in Parliament' are defined broadly to include:

all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House or of a committee …

Section 16 provides:

it is not lawful for evidence to be tendered or received … concerning proceedings in Parliament …

The protection of privilege is provided to much or all of the material Mr Margerison's lawyers referred to, and precludes this material being able to be used as evidence—or, frankly, misused in defamation proceedings.

More broadly than just the publications referenced, the precedent that this threat of legal action sets problematic. If the House does not firmly assert and protect privilege in these circumstances, this sort of threat may have a chilling effect if lawyers around the country advise their clients that the threat of legal action will curtail the ability of members of the House—and especially committee chairs—from doing their jobs in the future. Any conduct having a tendency to impair a member's independence in the future performance of his or her duty has been subject since 1987 to the provisions of the Parliamentary Privileges Act. Threatening costly legal action against members acting in accordance with the resolutions of committees and the practice of the House could clearly amount to an improper interference in the free exercise of the duties, and may, therefore, constitute a contempt of the House.

It is obviously important that this House protect itself against all acts or omissions which obstruct or impede the House and the committees in the performance of their functions, which is why I ask you to consider giving precedence to a motion referring these matters to the Standing Committee of Privileges and Members' Interests. I table copies of the publications referred to in the concerns notice and will be happy to provide further material to the Standing Committee of Privileges and Member's Interests. I also note that I'm under some time pressure, owing to the threatened legal action, so I request this matter be progressed as expeditiously as possible. Insofar as Mr Margerison is concerned, I will respond to the concerns notice and I will advise in due course of the status of the matter. I thank you for your consideration of this matter, Mr Speaker.

Milton Dick (Speaker) Share this | Link to this | Hansard source

I thank the member for Bruce and will consider his statement and tabled material in the usual way. It is important that I consider this material carefully and thoroughly. I reserve the matter for further consideration and, once considered, I will report back to the House as soon as possible. For the benefit of all members, standing order 51 provides the mechanism for the Speaker to consider a privilege matter raised when the House is sitting.