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Ch19 Parliamentary privilege / ACTS CONSTITUTING BREACHES OF PRIVILEGE AND CONTEMPTS / Offences against witnesses



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House of Representatives                                Ch 19                                                 p 734

 

Parliamentary privilege / ACTS CONSTITUTING BREACHES OF PRIVILEGE AND CONTEMPTS

 

Offences against witnesses

Standing order 256 states that:

Any witness giving evidence to the House or one of its committees is entitled to the protection of the House in relation to his or her evidence.

As well as being able to be punished as a statutory offence ( see below ), intimidation, punishment, harassment of or discrimination against witnesses or prospective witnesses can be punished as a contempt and, technically, there is no prohibition on a person being punished for such a contempt as well as being prosecuted under the Parliamentary Privileges Act. May states:

Any conduct calculated to deter prospective witnesses from giving evidence before either House or a committee is a contempt. 1

Both Houses will treat the bringing of legal proceedings against any person on account of any evidence which he may have given in the course of any proceedings in the House or before one of its committees as a contempt. 2

Section 12 of the Parliamentary Privileges Act provides that a person shall not, by fraud, intimidation, force or threat, by the offer or promise of any inducement or benefit, or by other improper means, influence another person in respect of any evidence given or to be given before a House or a committee, or induce another person to refrain from giving any such evidence. Further, under the Act a person shall not inflict any penalty or injury upon, or deprive of any benefit, another person on account of the giving or proposed giving of any evidence or any evidence given or to be given, before a House or a committee. The penalties, in each case, are $5 000 for natural persons and $25 000 for corporations. These provisions do not prevent the imposition of a penalty in respect of an offence against an Act establishing a committee. 3

Breach of the im munity of persons required to attend before the House or a committee from arrest in civil causes (and from compulsory attendance before a court or a tribunal as a witness) on days when they are required by the House or committee could be regarded as a contempt. 4



May , 23rd edn, p. 150.



May , 23rd edn, p. 151.



Parliamentary Privileges Act 1987 , s. 12(3).



Section 14 of the Parliamentary Privileges Act provides that persons required to attend before a House or a committee, shall not be required to attend before a court or a tribunal, or be arrested or detained in a civil cause, on that day.