Stephen Parry (President) Share this | Link to this | Hansard source

By letter dated 26 June 2014, Senator Xenophon raised a matter of privilege under standing order 81.

The matter of privilege concerns the possible imposition of a penalty by the taking of disciplinary action, either on a witness before the Rural and Regional Affairs and Transport References Committee or on a person providing information to the committee, in connection with its inquiry into aviation accident investigations, which reported in 2013.

In determining whether a notice of motion to refer the matter to the Privileges Committee should have precedence, I am required to have regard only to the following criteria in privilege resolution No. 4: (a) the principle that the Senate's power to adjudge and deal with contempts should be used only where it is necessary to provide reasonable protection for the Senate and its committees and for senators against improper acts tending substantially to obstruct them in the performance of their functions, and should not be used in respect of matters which appear to be of a trivial nature or unworthy of the attention of the Senate; and (b) the existence of any remedy other than that power for any act which may be held to be a contempt.

With regard to the first criterion, the Privileges Committee has often stated that it regards the protection of persons providing information to the Senate, and in particular of witnesses before parliamentary committees, as constituting the single most important duty of the Senate, and therefore of the committee as its delegate, in determining possible contempts.

There is no question that this matter satisfies the first criterion I am required to consider.

With regard to the second criterion, there is no other such remedy in this case. The contempt jurisdiction is the only avenue available to deal with the alleged conduct and to protect the Senate's rights and freedoms and those of its committees.

I have therefore determined that a motion to refer the matter to the Privileges Committee should have precedence over other business for the day on which it is given.

Before I call Senator Xenophon, I remind the Senate that this determination of precedence is not a judgment of the substantive issues or merits of the matter, beyond the threshold judgment that it is not of a trivial nature or unworthy of the attention of the Senate; it is necessary to take action to protect the Senate and senators against improper acts; and there is no satisfactory remedy for dealing with the matter other than the contempt jurisdiction.

It is for the Senate to make a judgment whether a matter merits referral to the Privileges Committee.

I table the correspondence and call Senator Xenophon to give notice of the motion.