Page 5188 - Week 13 - Thursday, 29 November 2018
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(a) withdraw the question; or
(b) advise the Member that the Commissioner intends to dispute the claim of parliamentary privilege.
(16) Where a Member makes a claim relating to parliamentary privilege under examination, the Member must advise the Speaker and the Commissioner in writing as to the scope and basis of the claim within five calendar days of the claim being made. The Speaker must provide the Member’s written advice to the Standing Committee on Administration and Procedure within five calendar days of its receipt.
(17) Where the Commissioner disputes a claim made by a Member under examination, the Commissioner must advise the Speaker and the Member in writing as to the scope and basis of the dispute of the claim within five calendar days of the receipt of the Member’s written advice of a claim. The Speaker must provide the Commissioner’s written advice to the Standing Committee on Administration and Procedure within five calendar days of its receipt.
(18) Where the Speaker receives advice from the Commissioner that a disputed claim of parliamentary privilege has arisen in the course of an examination, the Speaker must appoint an Independent Legal Arbiter to adjudicate the claim. The Speaker must provide to the Arbiter the Member’s written claim and the Commissioner’s written dispute of the claim.
(19) 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.
(20) Where the Arbiter determines that the information sought by the Commissioner, by way of a question asked under examination, does fall within the scope of “proceedings in Parliament”, an immunity from the provision of that information to the Commission will operate by reason of parliamentary privilege.
(21) Where the Arbiter determines that the information sought by the Commissioner, by way of a question asked under examination, does not fall within the scope of “proceedings in Parliament”, no immunity by reason of parliamentary privilege will operate.
(22) 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.
(23) In determining a question of parliamentary privilege in relation to a question that is posed or information that is sought during an examination, the Arbiter may express the determination:
• by way of specific questions that, if asked, would or would not engage the privilege;
• by way of more general areas of inquiry that, if explored, would or would not engage the privilege; or
• in some other way that clarifies the limits of the operation of parliamentary privilege.
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