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House of Representatives                                Ch 19                                                 p 735

Berthelsen Case (1980) and other cases

A matter of alleged discrimination against and intimidation of a witness who had given evidence to a parliamentary subcommittee was referred to the Committee of Privileges in 1980. ¹ Although the committee was not satisfied, on the evidence, that a breach of privilege had been proved against any person, it found that the witness had been disadvantaged in his career prospects in the public service. The House, on the recommendation of the committee, and being of the opinion that the report be given full consideration early in the 32nd Parliament, resolved that the Public Service Board be requested to do all within its power to restore the career prospects of the witness and ensure that no further disadvantage was suffered as a result of the case. A document from the Public Service Board informing the House of action taken in respect of Mr Berthelsen was presented on 24 February 1981. ²

On three other occasions the Committee of Privileges has considered allegations that witnesses had been discriminated against or penalised on account of their participation in committee inquiries, but in no case did the committee find that a contempt had been committed. ³ The Senate Committee of Privileges has also reported on a number of complaints of this nature. ⁴ ( And see Chapter on ‘Parliamentary committees’).

House of Representatives Committee of Privilege, Report relating to the alleged discrimination and intimidation of Mr David E. Berthelsen in his public service employment because of evidence given by him in a subcommittee of the Joint Committee on Foreign Affairs and Defence , PP 158 (1980); VP 1978-80/1372, 1375, 1417, 1422, 1672-3.

VP 1981-83/80.

PP 455 (1991); PP 136 (1994); PP (208) 2001.

E.g. PP 461 (1989); PP 258 (1991); PP 235 (1992); PP 85 (1993). And see Odgers .