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Preface vii
Reference guide xxxv
_ 1
COMPOSITION 1
GOVERNOR-GENERAL 1
Appointment 2Administrator and Deputies 2Salary 3Powers and functions 4
Dissolution 6And the Parliament 3 2And the Executive Government 13And the Judiciary 14
POWERS AND JURISDICTION OF THE HOUSES 14
Jurisdictional power 15Section 49 15Section 50 16Standing order I 17
Legislative power 17
THE COURTS AND PARLIAMENT . . ' 19
Constitutional provisions 19The courts as a check on the power of Parliament 20Jurisdiction of the courts in matters of privilege 21The right of Parliament to the service of its Members in
priority to the claims of the courts 22Attendance of parliamentary officers in court 23Parliamentary debate and the courts 23
CONSTITUTION ALTERATION 24
Constitution review 25Distribution to electors of arguments for and against
proposed constitutional alterations 26Referendum results 26Other referendums 28
ix
x Contents
2 The role of the House of Representatives 29INDEPENDENCE OF THE HOUSES 30
FUNDAMENTAL DISTINCTIONS BETWEEN THEFUNCTIONS OF THE TWO HOUSES 32
Financial initiative of the Crown 32Financial powers of the two Houses 33
FUNCTIONS OF THE HOUSE 34
The Government—Making and unmaking 34The initiation of legislation 35Consideration of financial proposals 35Examination of public accounts 35Seeking information on and clarification of government policy . . 36Surveillance, appraisal and criticism of government administration . 36Ventilating of grievances 37Receiving petitions 37Examination of delegated legislation 37Inquiry by committee 38
PREREQUISITES FOR FULFILLING FUNCTIONS 38
the Houses 39CONFERENCES 39
Formal conferences 40Informal conference 41Proposed conferences or joint meetings 41
DOUBLE DISSOLUTION 42
Section 57 of the Constitution 42The 1914doubledissolution 44The 1951 double dissolution 46The 1974 double dissolution . . . . " 50The 1975 double dissolution 53
SIGNIFICANCE OF THE CONSTITUTIONAL CRISIS OF 1975 64
Incompatability of the system of Cabinet governmentin a State-represented federal system 66
Impact of the'supply'provisions 67
JOINT SITTING 68
High Court cases related to joint sitting 71
Contents xi
Page
The structure of the House 74GOVERNMENT AND PARLIAMENT 74
Relationships 74A note on separation of powers and checks and balances . . . . 75The Government and House proceedings 76The Constitution and Executive Government . 78Constitutional conventions 79Aspects of ministerial responsibility 81
Collective Cabinet responsibility 81Individual ministerial responsibility 81
POLITICAL PARTIES 83
Leaders and office holders 85Party whips 86Party committees and meetings • 87Parties and their effect on the House 88
THE MINISTRY 89
Number of Ministers and composition of the Ministry 89Coalition Ministries 90Interim Ministries 90The Ministry and the Senate 91Prime Minister 91Treasurer 94Attorney-General 94Leader of the House 95
Cessation of ministerial office 97Resignation 97Dismissal 98Leave of absence 99
Ministerial assistance 100Assistant Ministers 100Parliamentary Under-Secretaries and Parliamentary Secretaries 102
Ministerial allowances • 103Office of profit 104
Pecuniary interest 104
CABINET 108
Select Cabinets 109
FEDERAL EXECUTIVE COUNCIL 110
THE (OFFICIAL) OPPOSITION 112
Composition 112Leader of the Opposition . 134Role of the Opposition 315
xii Contents
Page
117
THE FIRST ELECTION 117
GENERAL ELECTIONS 118
BY-ELECTIONS 119
SENATE ELECTIONS 120
ELECTORAL DIVISIONS 122
Redistribution . 123Parliamentary procedure . . . ' • • 124Naming of Divisions - . . - . . • : . . 125Redistribution in general 127
ELECTORS 129
Method of voting 130
THE TIMETABLE FOR ELECTIONS 131
Issue of writs 131Nomination of candidates 132Polling day 133
Scrutineers 133Counting 333Recount 134
Declaration of the poll 134Return of writs 134Meeting of a new Parliament 134
ELECTORAL EXPENSES 134
DISPUTED ELECTIONS AND RETURNS 135
6 Parliament House and the House ofRepresentatives Chamber 137THE PARLIAMENT BUILDING 137
NEW AND PERMANENT PARLIAMENT HOUSE 138
Thesite 138Joint Standing Committee and the Parliament House Construction
Authority 139
THE CHAMBER 141
The Mace 143Seating 143
Contents xiii
Page
Bar of the House 144Galleries 145Strangers 146Disturbances 147Distinguished visitors 149Chamber proceedings 150
PHOTOGRAPHS, FILM AND TELEVISION 151
THE PARLIAMENTARY SERVICE 153
Joint House 153Parliamentary Reporting Staff 153Parliamentary Library 354
PARLIAMENTARY PRECINCTS AND THEEXERCISE OF AUTHORITY 156
Powers of police in Parliament 159The security of the parliamentary buildings 161
Members 163
THE MEMBER'S ROLE 163
Parliamentary 163Constituency 164Party 165
NUMBER OF MEMBERS 165
Territorial representation 166
QUALIFICATIONS AND DISQUALIFICATIONS 167
Challenges to membership under Constitution 169Section 44(v) 169Section 44{iv) 170Section 45(ii) 170
Penalty for sitting while ineligible 170
SWEARING-IN 170
NEW MEMBERS 172
Maiden speech • .• . 172Seats in the Chamber 173
PECUNIARY INTEREST 173
Personal mterest in committee inquiry 174Parliamentary committee on pecuniary interest 175Government committee on public duty and private interest . . . 177
xiv Contents
Page
PAYMENT OF MEMBERS 182
Other allowances and entitlements 185Parliamentary retirmg allowances 186
VACANCY 187
Resignation 188Absence without leave 188Death 189Expulsion 190
ATTENDANCE 191
TITLES ACCORDED TO MEMBERS 191
M.P. (Member of Parliament) 191Honourable 191Right Honourable 192Academic and other titles 192Father of the House 192
DRESS AND CONDUCT 192
SERVICE ON NON-PARLIAMENTARY ORGANISATIONS . . 193
The Speaker and Officers of the House 194THE OFFICE OF SPEAKER 194
Origins 194The Speaker today 195Impartiality of the Chair 196Period in office 197
ELECTION OF SPEAKER 199
POWERS, FUNCTIONS AND DUTIES 202
Constitutional 202Traditional and ceremonial 203Statutory 204Procedural 206
Participation in debate 209Questions '" 210
Administrative 211Control over Parliament House 211Starring arrangements 212Services to Members 212
Exofficio—committees and associations 212
Contents xv
Page
THE MACE AND THE SPEAKER 213
VACANCY IN OFFICE OF SPEAKER 216
ABSENCE OF SPEAKER 216
THE SPEAKER'S VOTE 218Exercise of the casting vote 218
To enable a further decision of the House 219To enable debate to continue 219To decide a matter before the House 219
Speaker voting in committee 221
SPEAKER'S RULINGS 222
Interpretation of the Constitution, or the law 224
CRITICISM OF SPEAKER'S ACTIONS AND CONDUCT . . 224
CHAIRMAN OF COMMITTEES 228
Origins and role 228Election of Chairman 229Chairman as Acting or Deputy Speaker 230Deputy Chairmen of Committees 232Powers and duties of Chairman 234Casting vote 235Rulings, dissent, censure 235Resignation 236
PRINCIPAL PERMANENT OFFICERS OF THE HOUSE . . . 237
The Clerk of the House 237Role and functions of the Clerk 239The Department of the Clerk 240
Deputy Clerk ' . . . . ' 240Serjeant-at-Arms 240Offices of the Department 241
The parliamentary calendar 242IN PERSPECTIVE 242
A PARLIAMENT . . . 245
Summoning Parliament 245Proceedings on opening day 246
House assembles and Parliament opened 246Members sworn • . . ' . . . . 247Election of Speaker 247Presentation of Speaker to Governor-General 248Governor-General's Speech 248Formal business 249
xvi ContentsPage
Report of Governor-General's Speech andAddress in Reply Committee 249
Other business 250Dissolution 250
Effects of dissolution 251Expiration 251Prolongation 251
A SESSION 252
Opening of a new session 253'Opening'by the Sovereign 254
Prorogation 255Effects of prorogation 256Prorogation and committees 256Prorogation in practice 259
THE ADDRESS IN REPLY 260
Presentation to House 260Precedence to Address 261Debate 262Amendments 262Presentation to Governor-General 263
SITTING AND NON-SITTING PERIODS 264
Parliamentary terms 264Days and hours of meeting . 265Pattern of sittings . 266Special reassemblies of the House 267
10 Business of the House and the sitting day 268SITTING DAY 268
Definition 268Two sittings commencing on the one day 269Length of sittings 269Secret sitting and meetings 270Suspension of sittings 270
Pursuant to standing orders 270Pursuant to resolution of the House 271Practice of the House 271
MEETING OF THE HOUSE 274
Preliminaries to meeting 274Meetings at hour other than pursuant to adjournment 274Meeting when House has not adjourned the previous sitting . . , 276
Contents xvii
Page
PRAYERS 276
ROUTINE OF BUSINESS 277
Ordinary routine 277Presentation of petitions 277Giving notices 277Questions without notice 279Presentation of papers 279Ministerial statements, by leave 279Matter of public importance 280Notices and orders of the day . . • 280
Routine of business on sitting Thursdays after adoption of the Addressin Reply 282
Grievance debate 282General business 282
Matters accorded precedence 283Censure or want of confidence motions and amendments . . . 283Matters of privilege 284Votes of thanks or condolence 284Motions for leave of absence to Members 284Announcements of ministerial arrangements 284Swearing-in of Members and announcements of returns to writs . 285
Other matters that can interrupt the ordinary routine of business . . 285Personal explanations 285Acknowledgment and admission of distinguished visitors . . . 285Announcements and statements by the Speaker 285Committee reports and papers 285Matter of special interest 286Suspension of standing orders 286Points of order and disorder 286
ELEVEN O'CLOCK RULE 287
ADJOURNMENT AND ADJOURNMENT DEBATE . . . . 288
Standing orders provisions 288Motion moved by a Minister 288Automatic adjournment 289Adjournment of the House 290
Adjournment debate 290Time limits . . 290Debate 290CalloftheChair 291
Adjournment of the House for special reasons 29!
QUORUM 291
House 291Committee of the whole 292
xviii Contents
Page
Standing orders provisions 292Quorum at time of meeting 292Quorum during sitting 293Resumption of proceedings after count out 295
Proposed change to quorum provisions 295
DIVISIONS 297
Determination of questions arising 297Entitlement of Members to vote . 298Divisions not proceeded with . 298Recording dissent 299Procedure during divisions 299
Ringingof bells and lockingof doors , . 299Appointment of tellers 300Voting 303Business arising during a division 302
Record of divisions 302Pairs 302Free votes 303Proposals for change in division procedure 304
BALLOTING 306
I I Legislation • . . . . • 307
THE LEGISLATIVE FUNCTION OF PARLIAMENT . . . . 307
BILLS—THE PARLIAMENTARY PROCESS 307
Form of bill 308Preparation of bills—The extra-parliamentary process 332Synopsis of major stages 33 3Divided into classes 315
ORDINARY AND NON-FINANCIAL BILLS (CLASS 1) . . . 315
Initiation and first reading 319Second reading 320
Amendment to question for second reading 323Determination ofquestion for second reading 327Bill not proceeded with 328
Proceedings following second reading 328Reference to select committee 329Instructions to a committee 329Reference to legislation committee 331Leave to move third reading forthwith 332
Consideration in committee of the whole 333Moving of motions and amendments in committee 334
Contents xix
Page
Report stage 339Progress report of committee of the whole 339Report of bill from committee of the whole 339Recommittal 340Report from legislation committee 341
Third reading and final passage 342
PRINTING AND OTHER ADMINISTRATIVEARRANGEMENTS IN CONNECTION WITH BILLS . . . 343
Chairman's amendments 344Clerk's certificate and transmission to the Senate 344
A NOTE ON THE FINANCIAL PROCEDURESOF THE HOUSE 345
BILLS CONTAINING SPECIAL APPROPRIATIONS (CLASS 2) 347
The Consolidated Revenue Fund, the Trust Fund and the Loan Fund 347Examples of special appropriation bills 348Procedures peculiar to special appropriation bills 349
TAXATION BILLS (CLASS 3) 352
Customs and excise tariff proposals 352Procedures peculiar to taxation bills 354
APPROPRIATION AND SUPPLY BILLS (CLASSES 4 AND 5) 355
Summary 355Ordinary annual services of the Government 356The components of the annual Budget 357
Appropriation Bill (No. 1)—Main Appropriation Bill . . . . 357Appropriation Bill (No. 2) 360Budget documents and related papers 360
Additional appropriation bills (Nos 3 and 4) 362Supply bills 362Advance to the Minister for Finance 362
BILLS RECEIVED FROM THE SENATE (CLASS 6) . . . . 364
CONSTITUTION ALTERATION BILLS (CLASS 7) 365
Absolute majority 365
Disagreements between the Houses 366
PROCEDURAL VARIATIONS FOR PASSAGE OF BILL . . . 367
All stages without delay 367Bills considered together 368Bills declared urgent 369
Declaration of urgency 369Allotment of time 370Proceedings under guillotine 373
xx Contents
PROCEDURE FOLLOWING SENATE CONSIDERATION . . 373
Limitations on Senate power of amendment 373Agreement by Senate without amendment (or requests) . . . . 374Senate amendments 374Senate requests for amendments 376Requested amendments made 379Requested amendments not made 380Bills which the Senate may amend, in parts, and must request, in parts 380Pressed requests 380Committee of reasons and subsequent proceedings 384Procedure when the two Houses cannot agree 385
SENATE BILLS AMENDED BY HOUSE 385
LAPSED BILLS 386
PRESENTATION OF BILLS TO THE GOVERNOR-GENERAL 388
Presentation of Constitution Alteration Bills 388Preparation of bills for submission for assent 389Presentation of first bill for assent 390Governor-General's Assent forthwith 390Bills reserved for the Queen's Assent 391Amendment recommended by Governor-General 391Cancellation of assent by Governor-General . 392Publication of Acts „ 393Presentation of double dissolution bills 393
DELEGATED LEGISLATION 394
Reckoning of time 396Notice to disallow before tabling 396Regulations and Ordinances Committee 397
12 Motions 398
W H A T IS A MOTION 398
RULES R E G U L A T I N G R E Q U I R E M E N T OF NOTICE . . . 400
Motions requiring notice 400
Motions moved without notice 401
Giving notice 402Openly 402Delivering copy of terms to the Clerk 402Member absent 402
Need for seconder 402
Contingent notice 403
Contents xxi
Order on the Notice Paper 403Notice divided , 404Notice amended by Speaker 404Notice altered by Member 405Withdrawal of notice 405
Rules regarding subject matter 406Same question rule 406Anticipation 407Progress in House 408
Motion moved and seconded 408Motion dropped 409Motion in possession of House 409Withdrawal of motion 410Question superseded or dropped 410Question deferred 411Consideration of question interrupted 411Motion declared urgent 411Complicated question divided 431Question put and result determined 412
Consideration in committee of the whole 412Orders and resolutions of the House 413
Resolution or vote ofthe House rescinded or varied . , . . . 415Resolution expunged from records 417
SPECIAL TYPES OF MOTIONS 417
Want of confidence and censure 417The Government 417Ministers 423Censure of a Member 424
Addresses 424To the sovereign 425To members of the Royal Family 425To the Governor-General 425Resolutions to sovereign and Governor-General . . . . • . . 426Presentation of Addresses 427Reply 427
Motion of condolence . 427Vote of thanks 428Motion to suspend standing or sessional orders 429
Pursuant to notice 430By leave ofthe House 430Without notice 430Without notice as a tactical measure 433Debate on motion 434Limitation of suspension 435
xxii Contents
Page
AMENDMENTS TO MOTIONS 435
How to move 435Restrictions on Members in moving amendments and speaking . . 435Seconder required 436Amendment in possession of House 436Form and content of amendment 436
Relevancy 436Legible and intelligible 436Consistency 437Same amendment 437Amendment to earlier part of question 437Amendment to words already agreed to 437Direct or expanded negative 437Alternative propositions 438Other restrictions 439
Order of moving amendments 440Withdrawal of proposed amendment 440Amendment to proposed amendment 440Putting question on amendment 441
of debate 442MANNER AND RIGHT OF SPEECH 443
When Members may speak ' 443Matters not open to debate 443Mover and seconder of motions and amendments 443Question on motion or amendment before the House or committee 443Speaking in reply 444Misrepresentation 444Personal explanations 445Indulgence ofthe Chair 445Statements by leave 446
Professional advocacy 447Allocation of call 448
Remarks addressed to Chair ' 450Place of speaking 450Reading of speeches 450Incorporation of unread material into Hansard 451Display of articles to illustrate speeches 453Citation of documents not before the House 454
RULES GOVERNING CONTENT OF SPEECHES 455
Relevancy in debate 455General principles and exceptions 455Cognate debate 455Persistent irrelevance or tedious repetition 456
Contents xxiii
Anticipation 456
Allusion to previous debate or proceedings 457
Allusion to Senate debate or proceedings and to Senators . . . . 457
Offensive or disorderly words 459
References to, and reflections on, Members 460
References to the Queen, the Governor-General and State Governors 461
Reflections on members of the judiciary 463
Reflections on the House, statutes and votes of the House . . . . 463
References to other governments and their representatives . . . . 464
Sub judice convention 464Right to legislate • . . . . . 465Discretion of the Chair 465Civil or criminal matter 466Chair's knowledge of the case 467Matters before a royal commission 467Issues of national importance 467
Unreported committee evidence 468
INTERRUPTIONS TO MEMBERS SPEAKING 468
C U R T A I L M E N T O F SPEECHES A N D DEBATE 469
Curtailment of speeches 469Time limits for speeches 469Closure of Member 470
Curtailment of debate 471Adjournment of debate 471Closure of question 472Guillotine 473Other provisions for the interruption and conclusion of debates . 473
473
Naming of Members 473
Proceedings following the naming of a Member 475
Gross disorder by a Member 477
Grave disorder in the House or committee 477
Other matters of order relating to Members 478
479
SOME HISTORICAL F E A T U R E S 479
QUESTIONERS 482
Private Members 482
Assistant Ministers 482
Parliamentary Under-Secretaries or Parliamentary Secretaries . . 482
Speaker 482
xxiv Contents
Page
DIRECTION OF QUESTIONS 482
To Ministers 482To Parliamentary Under-Secretaries or Parliamentary Secretaries . 483To Assistant Ministers 483To private Members 483To the Speaker 485
QUESTION TIME 486
Duration 486Allocation of the call 487
PRINCIPAL RULES GOVERNING QUESTIONS 488
Procedural difficulties 488Principal rules 488
QUESTIONS WITHOUT NOTICE—FORM AND CONTENT . . 489
To relate to Minister's public responsibilities 489The principle of ministerial responsibility 489Statutory authorities 490Proceedings pending in the House 491
Questions to seek factual information or press for action . . . . 491Debate 491References to debates and committee proceedings 492Anticipation of business 492Information in questions 492References to newspaper reports, etc 493Questions seeking opinions 493Announcement of government policy 494Inferences, etc 494Identification of people in questions 495Questions concerning the Crown 495The sub judice convention . 496Language 496Repetition of questions 496Questions requiring detailed response 497
SUPPLEMENTARY QUESTIONS 497
QUESTIONS ON NOTICE 498
Notice of question 498Form and content 498Order of questions 498Removal of questions from Notice Paper 498
Contents xxv
ANSWERS 499
No obligation to answer 499Answers to questions put to Ministers representing Senate Ministers 499Answers to questions without notice 499Answers to questions on notice 501
15 Matters of public importance 503NATURE OF THE PUBLIC IMPORTANCE
DISCUSSION PROCEDURE 503
DISCRETIONARY RESPONSIBILITY OF THE SPEAKER . . 506
More than one matter submitted 507Criteria for determining a matter in order 507
Matter must be definite 507Public importance 507Ministerial responsibility 508Anticipation 508Sub judice 508Matter presented, or subject debated, previously 509Matters involving legislation 509Subject that can only be debated upon a substantive motion . . 509
READING OF MATTER TO THE HOUSE 510
Matter proposed amended 511Matter proposed withdrawn 511
DISCUSSION 511
\6 Private Members'business 513G E N E R A L BUSINESS 515
Precedence to Address in Reply 515
Precedence on general business Thursdays 516To take precedence of government business . . . . . . . 516Precedence superseded 516Effects of limitations on general business opportunities . . . . 517Duration ofgeneral business period 518Priority to notices 519Expiration of allotted time 519
Precedence by order of the House 519
General business motions 520Impact 520
xxvi Contents
Page
Private Members' bills 521Financial initiative ofthe Crown 521Drafting 522Impact 523
GRIEVANCE DEBATE 524
Origins 524Programming of the debate „ 524Scope ofthe debate 525
Papers and documents 527PAPERS PRESENTED TO THE HOUSE 527
Method of presentation 528By the Speaker 528Pursuant to statute 529By command ofthe Governor-General 529Deemed to have been presented 530By leave 530Pursuant to standing order 321 530Laid on the Table by the Clerk 531
Parliamentary committee reports 532Petitions 533Ministerial statements 533Custody and availability of original documents 533
ORDERS AND RESOLUTIONS OF THE HOUSE INRELATION TO PAPERS AND DOCUMENTS 534
Crown privilege of documents 534Production of documents and attendance of officers in court
proceedings 537Tabled documents and documents in the custody of the Clerk . . 538Records of proceedings 539Requirement to petition House 540
Authorisation of publication of documents 542Documents authorised to be published 542Votes and Proceedings and Notice Paper 544Documents not ordered to be printed 544
Motions to print and to take note of papers 545
DISTRIBUTION AND PRINTING OF DOCUMENTS . . , . 546
Distribution of papers tabled 546Parliamentary Papers Series 546Role ofthe Publications Committee 547The printing and investigatory functions 548Reports 549
Contents xxvii
Page
DOCUMENTS OF THE HOUSE 549
Votes and Proceedings 549Accuracy and alterations 551
Notice Paper 552Items of business 552Questions on notice 553General information 554
Parliamentary debates (Hansard) 554Control of publication 554Corrections 555Deletion and incorporation of material 555
IS Parliamentary committees 557AUTHORITY FOR THE APPOINTMENT OF COMMITTEES . 557
TYPES OF PARLIAMENTARY COMMITTEES 558Appointed to consider bills 558Appointed by standing order 558Appointed under statute 558Appointed by resolution 558Unofficial committees 560
COMMITTEES ESTABLISHED BY RESOLUTIONOF THE HOUSE 561
Appointment 561Eligibility to serve on committees 562
Personal interest 562Suspension from the House 563
Membership 563Vacancies 565First meeting 565Chairman 566The relative roles of Speaker and Chairman of a committee . . . 567
Procedural authority 567Administrative authority 567
Deputy Chairman 568Meeting procedures 569
Sittings 569Committee meetings outside Parliament House 569Inspections 570Quorum 570Presence at meetings of Members who are not
members of the committee 573Strangers 571Secret committees 571Procedures at hearings 572Seminars 573
xxviii Contents
Disorder 573Motions and divisions 574Minutes of proceedings 575
Confidentiality of proceedings and records 576Sub-committees 576Conferences with committees of the Senate 578Reports 578
Frequency of reporting 578Drafting and consideration of reports 579Protest or dissent 580Tabling of reports 58!Amendment of tabled reports 581Premature disclosure or publication 581Recommittal 583Government responses to reports 583
Effects of prorogation and dissolution 583Prorogation 583Dissolution 584Unfinished inquiry reports 584
Televising, filming and tape-recording of proceedings 585Staff and advisers 586
COMMITTEES ESTABLISHED BY STANDING ORDER . . . 587
The committees 587Appointment 587Powers and procedures 587Quorum 587Standing Orders Committee 588Library and House Committees 588Publications Committee 589Committee of Privileges 589
JOINT COMMITTEES ESTABLISHED BY RESOLUTIONOF BOTH HOUSES 589
A creature of both Houses 589Types of joint committees 590Powers and privileges 591Quorum 591Meetings 591Election or appointment of chairman 592Voting 593Admission of strangers and others 593Tabling of reports and minutes 594Publication of evidence 594Endorsement of papers 594
Contents xxix
Payment to witnesses 594Witness in prison 594
JOINT STATUTORY COMMITTEES 594
Parliamentary Standing Committee on Public Works 594Appointment 594Procedures 595Functions and inquiries 595Reports 597Evidence 598Staff and expert assistance 599
Joint Committee of Public Accounts 599Appointment 599Procedures 599Functions and inquiries 600Reports 601Evidence 603Staff and expert assistance 602
Joint Committee on the Broadcasting of Parliamentary Proceedings . 603
EVIDENCE 604
Extent of Parliament's investigatory powers 604Power to send for persons, papers and records •. 607Voluntary evidence 607
Invitation of submissions 607Evidence from Members, Senators and parliamentary officers . . 608Evidence from Commonwealth public servants 609Evidence from State public servants 614
Evidence by compulsion 614Compulsory attendance 614Compulsory answers to questions 615Crown privilege . . , 616Evidence from State public servants 621Evidence from Members, Senators and parliamentary officers . . 622
Documentary evidence—additional considerations 623Search for documents 623Withdrawal, alteration, destruction or return of documents . . 623Submissions and exhibits 624Sub judice convention 624
Charges against Members 625Swearing of witnesses and false evidence 625Enforcement of committee orders—contempt 626Protection of witnesses 630
Confidentiality 630Counsel 630Protection in legal proceedings 632Protection from arrest, molestation, etc 633
xxx Contents
Indemnification of witnesses 635Media coverage 635Payment to witnesses 636
Publication of evidence 636Authorisation for publication of evidence 636In camera hearings 637Confidential documents 638Unusual secrecy provisions 638Unauthorised publication of evidence 638Expunging of material and evidence 639
PRIVILEGE DEFINED 640
THE COMMONWEALTH PARLIAMENT'S PRIVILEGE POWERS 640
Certain minor powers declared by statute 640Judicial interpretation of section 49 641Adherence to House of Commons practice 643
FURTHER COMMENT ON THE NATURE OF PRIVILEGE . 643
Its meaning and necessity 643Distinction between breach of privilege and contempt 644No new privilege may be created 644
ENUMERATION OF PRIVILEGES 645
FREEDOM OF SPEECH 645
Privilege attaching to Hansard reports 646Proceedings in Parliament 646Use of Hansard in the courts 647
Sankey 'Loans affair' prosecution 647Order of Mr Justice Begg in the case of Uren v. John Fairfax &
Sons Limited 648
FREEDOM FROM ARREST 650
Extension of privilege to others 651Exemption from jury service 651Exemption from attendance as a witness 652House to be informed ofthe detention of a Member 652
ACTS CONSTITUTING BREACHES OF PRIVILEGE ANDCONTEMPTS 653
Misconduct 653By Members and others 653In the presence of the House or a committee 653
Contents xxxi
Page
Disobedience to the rules or orders of the House 653Abuse ofthe right of petition 654Forged or falsified documents 654Conspiracy to deceive 654Deliberately misleading the House . 654Corruption in the execution of their office as Members . . . . 655Advocacy by Members 655
Obstructing Members and officers in the discharge of their duty . . 655Arrest and molestation 655
Attempts by improper means to influence Members in theirparliamentary conduct 655
The offer of a bribe 655Attempted intimidation of Members 655
Obstructing witnesses 657Arrest 657Molestation 657Tampering 658
Acts tending indirectly to obstruct Members in the discharge of theirduty 658
Reflections on Members , 658Speeches or writings reflecting on the House 659Premature publication or disclosure of committee proceedings,
evidence and reports 660Other indignities offered to the House 661Serving or executing civil or criminal process within the precincts
of the House 663Matters incidental to House's consideration of privilege cases . . . 661
PENAL JURISDICTION OF THE HOUSE 662
Power and source 662Commitment 663Form of warrant 664Power to fine 664Reprimand or admonishment 666Exclusion of media representatives from precincts 667Apology 667
PUNISHMENT OF MEMBERS 668
Suspension 668Expulsion 668
MANNER OF DEALING WITH PRIVILEGE MATTERS . . . 668
Raising of matter and determination of prima facie case 668Matter arising in committee proceedings 670
xxxii Contents
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Action by the House 670Committee of Privileges 671Proceedings following report 674
CODIFICATION OF PRIVILEGE 675
LIMITATIONS AND SAFEGUARDS IN THE USE OFPRIVILEGE 677
Citizen 679
COMMUNICATION IN A DEMOCRACY 679
INFORMING THE ELECTORATE 679
Broadcasting of proceedings 680Authority for broadcasting 680Joint Committee on the Broadcasting of
Parliamentary Proceedings 680General principles 681
Standing determinations 682Re-broadcasts 684Legal aspects 685Historic records 685
Visual access to proceedings 686Televising of proceedings 686
The media 688
INFORMING AND INFLUENCING MEMBERS 688
Petitions 688Petitions in the House of Representatives 689Form 689Language and content 690Signatures 691Presentation 692Petitions from unusual sources 694Abuse of the right of petition 695
Parliamentary committees 695
THE MEMBER AND THE HOUSE INTHE DEMOCRATIC PROCESS 696
House of Representatives practice and reform 696
Contents xxxiii
Page
Appendixes
1 Governors-General and Administrators 6992 Speakers ofthe House of Representatives 7023 Chairmen of Committees 7094 Leaders of the Opposition 7105 Clerks of the House of Representatives 7146 Prime Ministers of Australia 7157 Chronological list of Ministries 7178 Leaders of the House 7199 Number of Ministers—statutory variations 721
10 Party affiliations in the House of Representatives 72211 Electoral Divisions—number at general elections 72412 Electoral redistributions 7253 3 Federal elections and referendums 72714 General elections—significant dates from 16th to 32nd Parliaments . 73215 Election petitions—House of Representatives 73316 Referendums and results 73817 Chronology of Parliaments 73918 Sittings of the House 74419 Consideration of legislation by House 74620 Appropriation and supply bills passed by the Senate when
the government of the day did not have a Senate majority . . . 74823 Senate requests for amendments to bills 75122 1974 double dissolution bills 76523 Bills passed twice by the House in the 29th Parliament and
negatived or otherwise not passed by the Senate 76624 Summary of action taken on government bills during the 29th
Parliament (9 July 1974 to 11 November 1975) 76825 Constitution alteration bills 1973-75 77226 Bills reserved for Sovereign's Assent and bills returned
by the Governor-General with recommended amendments . . . 77527 Statistics on selected proceedings 77628 Proportion of House time spent considering certain
categories of business 1970-80 77829 Questions 1963-80 78330 Comparison of House time spent in consideration of government
business and private Members'business 78331 Committees of the House of Representatives and joint committees . 78432 Matters raised as matters of privilege in the House of Representatives 786
The Constitution 835
Statute of Westminster Adoption Act 1942 837
House of Representatives Standing orders 841
Supplement to standing orders 881
Sessional orders 881
Rules for joint sittings 8 8 5
xxxiv Contents
Bibliography 891
Index 943
IllustrationsHouse of Representatives Chamber 142The Parliamentary Calendar in Perspective 244Address in Reply 261Daily Program 278Sample Copy of a First Reading Print of a Bill 309The Making of an Act of Parliament facing 312Calendar of Parliamentary Appropriation Procedure facing 356The Procedure for Dealing with a Motion 399Petition format 691
PhotographsQuestion time in the House of Representatives frontispiece'Provisional' Parliament House 1The proposed new Parliament HouseThe Mace, Table and Despatch BoxesThe two-minute Sandglass . ,„ , ,T , D ,tU „ , . 140andl41The Bar of the House, loweredA public hearing of a parliamentary committeeThe Speaker's Chair
Tables1 Early dissolutions of the House of Representatives 82 Chronology of parliamentary events, August-December 1975 . . . 623 Ratio of electors per Member 3958-80 1284 General elections for 32nd Parliament—Schema 1335 Disturbances in the Chamber 1486 Motions of dissent from rulings in the House 1903-80 2247 Motions of censure of or want of confidence in the
Speaker and Deputy Speaker 1903-80 2268 Occupants of the Speaker's Chair—relationship between
standing orders 14-19 and the Constitution 2329 Motions of dissent from rulings in committee 1903-80 236
10 Classesofbills 31613 Matters of public importance 1970-80 50612 General business and grievance debate 51413 Private Members' bills introduced into the
House of Representatives 1901-80 52314 Private Members' bills passed into law 1901-80 524
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