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House of Representatives                                Ch 1                                                 p 24

The right of Parliament to the service of its Members in priority to the claims of the courts

This is one of the oldest of parliamentary privileges from which derives Members’ immunity from arrest in civil proceedings and their exemption from attendance as witnesses and from jury service.

Members of Parliament are immune from arrest or detention in a civil cause on sitting days of the House of which the person is a Member, on days on which a committee of which the person is a member meets and on days within five days before and after such days. ¹

Section 14 of the Parliamentary Privileges Act also grants an immunity to Senators and Members from attendance before courts or tribunals for the same periods as the immunity from arrest in civil causes. In the House of Commons it has been held on occasions that the service of a subpoena on a Member to attend as a witness was a breach of privilege. ² When such matters have arisen the Speaker has sometimes written to court authorities asking that the Member be excused. An alternative would be for the House to grant leave to a Member to attend.

By virtue of the Jury Exemption Act, Members of Parliament are not liable, and may not be summoned, to serve as jurors in any Federal, State or Territory court. ³

For a more detailed treatment of this subject see Chapter on ‘Parliamentary privilege’.

Parliamentary Privileges Act 1987 , s. 14.

May , 23rd edn, p. 125, although it is doubtful whether in modern times actual service would as a general rule be regarded as a breach.

Jury Exemption Act 1965 , s. 4.