Scott Ryan (President) Share this | Hansard source

Can I rule on the two matters that have been raised in this point of order. I'll start with the matter of sub judice. I will quote now from Odgers' Senate Practice, the 13th edition, page 250, if anyone would like to look at it:

The sub judice convention is a restriction on debate which the Senate imposes upon itself, whereby debate is avoided which could involve a substantial danger of prejudice to proceedings before a court …

The convention … is interpreted and applied by the chair and by the Senate according to circumstances.

Page 253 goes on to outline three conditions, or principles, about the application of this:

of a trial—

in the sense of either creating an atmosphere where a jury would be unable to deal fairly with the evidence put before it—

or where it would affect the—

witness in the giving of evidence …

…   …   …

On the issue of it being inappropriate or sub judice, I'm not going to say this matter as asked by Senator Wong breaches those principles. This matter is not before a jury or a magistrate, I understand, today and I don't foresee this necessarily prejudicing the procedures that, I understand, are currently before the court. However, I cannot direct the minister how to answer a question. It is entirely appropriate for the minister to refer to past statements and potentially to future events that may be coming up, and that is a matter for others to judge. It is not for me to direct a minister to make a statement or otherwise; it is a matter for the contest of the Senate. Senator Bernardi, on a point of order?