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The term "parliamentary privilege" refers to the rights, powers and immunities which belong in law to the Legislative Assembly, its committees, Members and officers.
Parliamentary privilege exists to enable the Parliament (including its committees and Members) to proceed with its business without interference or molestation and to protect it against unwarranted attacks upon its authority. Put another way, parliamentary privilege means that Parliament has certain rights and immunities that are essential if the Parliament is to operate effectively.
Generally, the powers, privileges and immunities of the House of Commons apply to the Legislative Assembly, by virtue of s 40A Constitution Act 1867 (Qld). The principal powers, privileges and immunities of the House of Commons that apply to the Legislative Assembly of Queensland include:
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the power to order the attendance at the Bar of the House of persons whose conduct has been brought before the House on a matter of privilege;
- the power to order the arrest and imprisonment of persons guilty of certain enumerated contempts;
- the power to regulate its proceedings by standing rules and orders having the force of law;
- the power to suspend disorderly Members or expel Members guilty of disgraceful and infamous conduct;
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the right of free speech in Parliament, without liability to action or impeachment for anything spoken therein - established by Article 9 of the Bill of Rights 1688 (This includes the immunity of Members from legal proceedings for anything said by them in the course of parliamentary debates and immunity of parliamentary witnesses from being questioned or impeached for evidence given before either the House or its committees.); and
- the right to control its own proceedings, including the right to order the publication and non - publication of its proceedings and the manner in which its records are to be kept.
Undoubtedly the best - known parliamentary privilege is that of freedom of speech. Any statement made in Parliament is absolutely privileged and cannot be made the subject of inquiry in a court of law or other constituted authority. The freedom of speech in Parliament actually refers to the immunity of questioning or impeaching the proceedings of the Parliament. Statutory recognition of the privilege of freedom of speech in Parliament had its genesis in the famous Bill of Rights, the ninth article of which declares:
That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place outside of Parliament.
While a Member has a right to state whatever they think fit in debate, however it may affect individuals, it must not be in violation of the rules of the House. A Member is always subject to the discipline of the House for things said, even to censure or expulsion.
The Parliamentary Papers Act 1992 (the PP Act) is significant in that it provides a definition of the term "proceedings in Parliament" and provides for the protection of Hansard and other documents published under the authority of the House or a committee.
Section 3(2) of the PP Act provides that the term "proceedings in Parliament" includes all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the House or a committee. Sections 3(3)(a) - (g) of the PP Act provides that "proceedings in Parliament" include:
- giving evidence before the House, a committee or an inquiry;
- evidence given before the House, a committee or an inquiry;
- presenting or submitting a document to the House, a committee or an inquiry;
- a document laid before, or presented or submitted to, the House, a committee or an inquiry;
- preparing a document for the purposes of, or incidental to transacting business mentioned in paragraph (a) or (c);
- preparing, making or publishing a document (including a report) under the authority of the House or a committee;
- a document (including a report) prepared, made or published under the authority of the House or a committee.