Legislative Assembly for the ACT: 2018 Week 13 Hansard (Thursday, 29 November 2018) . . Page.. 5190 ..
constituent where the Member has raised or is intending to raise a matter in the Assembly or an Assembly committee; correspondence prepared by a Member where the Member has raised or intends to raise a matter in the Assembly or an Assembly committee; information as it relates to words said or actions done in the course of a proceeding of the Assembly or an Assembly committee; and submissions and other material provided to a Member as part of a Member’s participation in an Assembly committee. In some cases the question will turn on what has been done with a document or information, or what a Member intends to do with the document or information, rather than what is contained in the document or the substance of the information, or where the document or information is held.
(27) Documents or information that are unlikely to be within the scope of “proceedings in Parliament” include material relating to a Member’s travel or entitlements, or party-political material.
(28) In determining a claim, the Arbiter may speak with the Member who has made a claim or with the Commissioner. The Arbiter may permit the Member to view a document in the presence of the Arbiter.
(29) The Arbiter must only determine the question of whether a document or information sought by the Commission is protected by parliamentary privilege and no other question.
(30) The Arbiter must consider, determine and report on a determination relating to a claim of parliamentary privilege in a timely manner.
Requirements for appointing an Arbiter
(31) The Independent Legal Arbiter must be a Queen’s Counsel, Senior Counsel, or a retired judge or justice of the Supreme, Federal or High Court and the Speaker must consult with the Standing Committee on Administration and Procedure prior to making an appointment. The Arbiter will be paid a fee approved by the Speaker.
Memorandum of understanding
(32) For the purposes of facilitating the effective administration of this resolution, the Speaker may enter into a memorandum of understanding with the Integrity Commissioner in relation to parliamentary privilege and the exercise of the Commission’s powers. A memorandum of understanding must not be inconsistent with this resolution and must be tabled in the Assembly on the first available sitting day following its finalisation.
Recusal of the Speaker or a member of the Standing Committee
(33) Where the Speaker makes a claim of parliamentary privilege in relation to the exercise of a power or function by the Commissioner, the Speaker must recuse herself or himself from the exercise of the Speaker’s functions pursuant to this resolution and the Deputy Speaker will instead perform the functions.
(34) Where a member of the Standing Committee on Administration and Procedure makes a claim of parliamentary privilege in relation to the exercise of a power or function by the Commissioner, the Member must recuse himself or herself from any consideration by the committee of the matter.