Page 5186 - Week 13 - Thursday, 29 November 2018
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(a) reserves all its powers, privileges and immunities, and those of its Members, derived from all sources of law;
(b) affirms that parliamentary privilege attaches to all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of the Assembly or an Assembly committee, including to documents and information falling within the scope of “proceedings in Parliament” as provided for in article 9 of the Bill of Rights 1689 and section 16 of the Parliamentary Privileges Act 1987 (Cwlth);
(c) acknowledges that pursuant to the Integrity Commission Act 2018, statutory powers and functions have been vested in the ACT Integrity Commission to investigate and report on corruption in the ACT and that the Commission is empowered, subject to that Act, to investigate allegations of corrupt conduct involving a Member of the Legislative Assembly;
(d) acknowledges that there may be occasions where the exercise of the Commission’s powers and functions gives rise to a claim, by a Member, of parliamentary privilege; and
(e) resolves that where such a claim is made, it will be addressed and resolved in accordance with the arrangements and principles provided for in this continuing resolution.
Compulsory production of documents
(2) Where the Integrity Commission or a person acting under the direction of the Commission purports to compulsorily inspect, examine, make a record of, copy, or take possession of a document held by a Member, the Member is entitled to claim that parliamentary privilege applies to the document. “Document” has the meaning provided for in the Legislation Act 2001.
(3) The Commission must advise a Member that they are entitled to the opportunity to make a claim relating to parliamentary privilege prior to the purported exercise of a compulsory power to inspect, examine, make a record of, copy, or take possession of any document. Where a claim is to be made, it must be notified by the Member to: a) the Commission or a person acting under the direction of the Commission; and b) to the Speaker. In the first instance, a claim may be made in general terms and verbally.
(4) Where a Member makes a claim in relation to parliamentary privilege, the Commission or a person acting under the direction of the Commission must not inspect, examine, make a record of, copy, or take possession of any document over which a claim has been made until such time as parliamentary privilege has been determined not to apply pursuant to this resolution or that claim has been withdrawn. Any document that is the subject of a claim must be placed in the secure custody of the Clerk of the Legislative Assembly.
(5) Within five calendar days of a claim having been made by a Member that parliamentary privilege applies to a document, the Member must write to the Speaker and the Commissioner advising of the scope and basis of the claim. The Speaker must provide the Member’s written advice of a claim to the Standing Committee on Administration and Procedure within five calendar days of its receipt.
(6) Where a Member makes a claim in relation to parliamentary privilege over a document, the Commissioner must notify the Member and the Speaker
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