Page 395 - Week 04 - Tuesday, 27 June 1989
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Tuesday, 27 June 1989
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MR SPEAKER (Mr Prowse) took the chair at 2.30 pm and read the prayer.
PRIVILEGE
Use of Media Room
MR SPEAKER: On 1 June 1989 Mr Collaery raised a matter of privilege relating to the use by members of the press gallery of the fifth floor media room for the purposes of interviewing members of this Assembly. Mr Collaery wrote to me about the matter and also raised it orally in the chamber. I undertook to consider the issue and provide a response.
Standing order 71 considers the raising of matters of privilege. In brief, the standing order provides for a member to give written notice of the alleged breach to the Speaker as soon as reasonably practicable after the matter has come to the member's attention, and for the Speaker to determine as soon as practicable whether or not the matter merits precedence over other business.
Section 24 of the Australian Capital Territory (Self-Government) Act 1989 provides inter alia that the Assembly may make laws declaring the powers of the Assembly and of its members and committees, and further provides that, until the Assembly makes such a law, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees. As the Assembly has not made any such laws, we must rely upon the practice of the House of Representatives.
In 1987 the Commonwealth Parliament passed the Parliamentary Privileges Act declaring certain powers, privileges and immunities of each house of the Parliament and of the members and committees of each house. Section 4 of the Act states that conduct, including use of words, does not constitute an offence against a house unless it amounts, or is intended or is likely to amount, to an improper interference with the free exercise by a house or committee of its authority or functions, or with the free performance by a member of the member's duties as a member. Except as expressly provided in the Act, the powers, privileges and immunities in force under section 49 of the Constitution before the commencement of the Act continue to operate.
Privilege as applied to a member relies on certain rights and immunities such as freedom of speech and the freedom
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