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House of Representatives                                Ch 19                                                 p 714

Privilege attaching to Hansard reports

Hansard reports of the proceedings are absolutely privileged. ¹ However, it is considered that parliamentary privilege does not protect individual Members publishing their own speeches apart from the rest of a debate. If a Member publishes his or her speech, this printed statement becomes a separate publication, ² a step removed from actual proceedings in Parliament and this is also the case in respect of the publication of Hansard extracts, or pamphlet reprints, of a Member’s parliamentary speeches. In respect of an action for defamation, regard would also be had to the particular law applying in the State or Territory in which the action is taken or contemplated. Even qualified privilege may not be available unless the publication is for the information of the Member’s constituents. ³ In any case arising in the future, reference would need to be had to the provisions of the Parliamentary Privileges Act which could be relevant.

Under section 10 of the Parliamentary Privileges Act it is a defence to an action for defamation that the defamatory matter was published by the defendant without any adoption by the defendant of the substance of the matter, and that the defamatory matter was contained in a fair and accurate report of proceedings at a meeting of a House or a committee. This defence does not apply in respect of matter published in contravention of section 13 of the Act, and it does not deprive a person of any defence that would have been available to that person if the section had not been enacted.

The subject of parliamentary privilege relating to documents—including Hansard, House documents and documents presented to the House—is covered in the Ch. on ‘Documents’.

And see May , 23rd edn, p. 99.

Advice from Attorney-General’s Department, dated 25 August 1978.