Page 5187 - Week 13 - Thursday, 29 November 2018
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whether or not the Commission intends to dispute the claim. The notification may be given verbally in the first instance. Where no such notification is given, any document the subject of the claim will be returned to the Member.
(7) Within five calendar days of the receipt of the Member’s written advice outlining the scope and basis of the claim, the Commissioner must either give notification that the claim is not disputed or write to the Speaker and the Member advising of the scope and basis of the dispute of the claim. The Speaker must provide the Commissioner’s written advice of a dispute to the Standing Committee on Administration and Procedure within five calendar days of receipt.
(8) The Speaker must appoint an Independent Legal Arbiter to adjudicate any claim that is disputed by the Commissioner. Upon the appointment of an Arbiter, the Clerk must hand over custody to the Arbiter any document that is the subject of the disputed claim. The Clerk must return any document to the Member over which there is an undisputed claim. The Speaker may make available to the Arbiter a secure space within the Legislative Assembly precincts to facilitate examination of any document that is the subject of a claim.
(9) Upon appointment, the Speaker must make the Member’s and Commissioner’s written advices available to the Arbiter. The Arbiter may seek written submissions from the Member and the Commissioner in which any additional reasons for or against a claim or related information may be stated.
(10) The Arbiter must review each document that is the subject of a claim and determine whether or not the document falls within the scope of the “proceedings in Parliament”. Where there is a large volume of material that is the subject of a claim, the Arbiter may receive assistance from a person acting under the direction of the Arbiter to review the material.
(11) Where the Arbiter determines that a document does fall within the scope of “proceedings in Parliament”, it is protected by parliamentary privilege and it will be returned to the Member.
(12) Where the Arbiter determines that a document does not fall within the scope of “proceedings in Parliament”, it is not protected by parliamentary privilege and it will be provided to the Commissioner (subject to any other lawful requirement that may have been imposed).
(13) The Arbiter’s determination must: be in writing; include reasons; and be transmitted by the Arbiter to the Member, the Commissioner, and the Speaker. The Speaker is required to provide a copy of the Arbiter’s determination to the Standing Committee on Administration and Procedure within five calendar days of its receipt.
Examination or questioning
(14) Where a Member appears under summons to give evidence before the Commission, the Member is entitled to decline to answer a question on the basis that the information in answer to the question is protected by parliamentary privilege.
(15) Where a claim is made by a Member that the information in answer to a question is protected by parliamentary privilege, it is open to the Commissioner to:
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