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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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