Page 396 - Week 04 - Tuesday, 27 June 1989
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
from arrest. The application of privilege to a member of the House of Representatives is generally confined to the member's work in the chamber, on a parliamentary committee or in representing his electorate.
There is a distinction between breach of privilege and contempt. Generally, any act or omission which obstructs or impedes a house of parliament in the performance of its functions or which obstructs or impedes any member in the discharge of his duties which has a tendency, directly or indirectly, to produce such results may be treated as contempt.
Whilst privilege is specific, there is perhaps some flexibility in relation to contempt. Nevertheless, for an action to be regarded as contempt that action would have to be of substance, such as a definite interference with or obstruction to the discharge of the member's duty.
In connection with the complaint raised by Mr Collaery, it is important to recognise that the media room on the fifth floor is not directly under the Assembly's control. It is also clear that a request for use of the facility was from a member of the press gallery and not a member of the Assembly. I have also been advised that at no stage did Mr Collaery raise with either the Chief Minister or her staff the possibility of Mr Collaery using the media interview room.
I have given careful consideration to the matter and to the material submitted to me and I have decided that it would be difficult to conclude that there has been a breach of privilege. Nor do I think that the matter is one which could be regarded as contempt. Accordingly, I rule that the matter does not merit precedence as provided for in standing order 71(e). I have written separately to Mr Collaery advising him of my decision.
MINISTERIAL ADVISERS
MR SPEAKER: I have received a request from the Chief Minister to make provision for ministerial advisers to be present in the chamber when legislation is being debated by the Assembly. Members will know that ministerial advisers' seats have been provided in the front row of the gallery, but in this location Ministers are not able to confer quickly and privately with advisers.
It is common in most Australian parliamentary chambers for advisers' seats to be located on the floor of the chamber in the vicinity of the Ministers' seats. This enables Ministers to confer easily with advisers and is of assistance particularly when Bills are being considered in detail.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .