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

On Monday 12 August, the honourable member for Bruce raised a matter of privilege in connection with a concerns notice he received from lawyers acting on behalf of Mr John Margerison.

The basis of the member's complaint is that the concerns notice foreshadows legal action for defamation based on the material contained in a number of publications, much or all of which the member submits is likely to be covered by parliamentary privilege. The member asks that the House express a view on this matter and resolve to take action to assert the protection of parliamentary privilege, should court proceedings be commenced.

The member for Bruce also submits that the threat of legal action in the concerns notice may constitute a contempt of this House by way of improper interference with the free exercise of the Joint Committee of Public Accounts and Audit's authority or functions, and the free exercise of his duties as a member and chair of the committee.

Section 16 of the Parliamentary Privileges Act provides protections for 'proceedings in parliament', which:

… means 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 …

It is acknowledged that the courts have a role in interpreting what is included in 'proceedings in parliament', in particular the scope of the term 'for purposes of or incidental to, the transacting of the business of a House.'

I have considered the statement by the member for Bruce, and the material he presented in support of it. I am satisfied that the member has raised the matter at the earliest opportunity. While the member for Bruce did not present the concerns notice itself, he presented what he described as 'copies of the publications referred to in the concerns notice' which include: a media release of the Joint Committee of Public Accounts and Audit; two Twitter/X posts in the name of the member for Bruce; four Facebook posts in the name of the member for Bruce; and one YouTube video in the name of the member for Bruce. Without the concerns notice itself to examine, I accept the member's description of it as threatening legal action against him should he not retract the publications and make an apology.

The question of whether the publication of material is likely to attract parliamentary privilege is clearer in some cases than in others. Whether publications such as social media posts referring to parliamentary proceedings would attract any level of protection has not been determined. However, a properly authorised media release by a parliamentary committee could reasonably be considered to be part of the committee's business, and therefore be considered proceedings in parliament.

Any act or omission which obstructs or impedes either house of our parliament in the performance of its functions, or which obstructs or impedes any member or officer of a house in the discharge of his or her duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt. Threatening a member with legal action, at least partly on the basis of the business of a parliamentary committee in the publishing of an authorised media release could possibly, therefore, be classified as a contempt.

Based on my careful consideration of all the information available to me, I am satisfied that where the committee's media release is concerned a prima facie case has been made out; I am therefore willing to give precedence to a motion concerning privilege or contempt, referring the matter to the Committee of Privileges and Members' Interests.

As members would be aware, and as House of Representatives Practice makes clear:

An opinion by the Speaker that a prima facie case has been made out does not imply a conclusion that a breach of privilege or contempt has occurred …

In giving precedence for a motion to be moved, I am simply allowing the House the opportunity to consider a motion immediately, and debate and decide on whether the matter should be referred to the committee for inquiry and report to the House.