Senator ROBERT RAY (3:48 PM) —I present the 94th and 95th reports of the Committee of Privileges entitled Matters arising from 67th report of the Committee of Privileges—possible Senate representation in court proceedings and Penalties for contempt—information paper.

Ordered that the reports be printed.

Senator ROBERT RAY —I seek leave to move a motion in respect of each report.

Leave granted.

Senator ROBERT RAY —I move:

Honourable senators will recall that, on the last day of sitting in June, I tabled the 92nd report of the committee. That report drew attention to advices prepared by Mr Harry Evans, Clerk of the Senate, and Mr Bret Walker, SC, commenting on the judgment of a justice of the Queensland Supreme Court in a defamation action brought by Mr Rowley against Mr David Armstrong. In that report, the committee indicated that it would give more detailed consideration to other matters in due course. The committee further sought advice from the Clerk as to any steps that might be taken in relation to Mr Rowley's action against Mr Armstrong and also a new action against former Senator William O'Chee, who, as a senator, originally raised Mr Armstrong's difficulty as a matter of privilege.

In his response, which is included in the appendix to this report, the Clerk suggested that, if either of the actions were to come to trial, counsel instructed for the Senate could seek to appear as amicus curiae to assist the court on privilege matters. The committee suggests that the Senate follow this advice should the need arise, and accordingly recommends that the Senate authorise the President, if required, to engage counsel as amicus curiae if either of the actions for defamation against Mr Armstrong or Mr William O'Chee is set for trial. It is unusual for us to ask for a resolution to be carried on the presentation of a report. It was an unanimous decision of the committee and, because of timing matters, the Senate needs to express a view to the President of the Senate.

Question resolved in the affirmative.

Senator ROBERT RAY —I move:

This report is, in effect, a mechanism to publish what the committee has found to be a useful comparative account of penalties for contempt in Australia and several overseas countries. The paper was prepared by Mr David Sullivan from the Senate Procedure Office in response to a request from the committee to produce a paper on the range of penalties available and imposed in other parliamentary jurisdictions. The committee thanks Mr Sullivan for his work and also appreciates the assistance of all persons who provided information for the paper. I seek leave to continue my remarks.

Leave granted; debate adjourned.