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Legislative Council Privileges Committee
The Privileges Committee is a current standing committee of the Legislative Council, established 9 Nov 1988, re-established 10 May 2007.
The Committee was first established as the "Standing Committee Upon Parliamentary Privilege" by resolution of the Legislative Council on 20 October 1988. It was reconstituted as the "Standing Committee on Parliamentary Privilege and Ethics" on 24 May 1995, and has been reappointed in each Parliament since then. In 53rd Parliament, the Committee was reappointed as the "Standing Committee on Parliamentary Privilege and Ethics" by resolution of the House on 4 September 2003, and renamed the Privileges Committee on 1 June 2004. On the 10 May 2007 (the current, or 54th, parliament) the committee was reappointed as the "Privileges Committee".
The Committee has the following functions:
- to consider and report on matters relating to parliamentary privilege referred to it by the House or the President;
- to carry out certain functions relating to ethical standards for members of the Legislative Council under section 72C of the Independent Commission Against Corruption Act 1988; and
- to consider certain submissions from citizens seeking a right of reply to statements made about them in the House in accordance with standing orders 202 and 203.
Inquiries
During the current parliament, the following inquiries have been undertaken by the committee:
Records of 32 earlier inquiries conducted by the committee are also available online.
Submissions Invited
The committee is not actively receiving submissions at present. Past submissions may be available under the relevant inquiry.
Reports and Government Responses
During the current parliament, the committee has or plans to table the following reports:
(there are also
44 reports from past Parliaments).
Members
Contact
Terms of Reference Establishing Committee
Establishment of Committee: Minutes of the Proceedings No. 3, Thursday 10 May 2007, item 4.
Mr Kelly moved, according to notice: That notwithstanding anything contained in the standing orders:
Appointment
1. (a) A Privileges Committee (referred to as “the committee”) be appointed.
(b) The committee is the designated committee for the purposes of section 72B of the Independent Commission Against Corruption Act 1988, relating to Parliamentary Ethical Standards.
Functions
2. The functions of the committee are to:
(a) consider and report upon any matters relating to privilege which may be referred to it by the House or the President,
(b) consider submissions referred by the President concerning citizens’ rights of reply,
(c) under section 72C of the Independent Commission Against Corruption Act 1988:
(i) prepare for consideration by the Legislative Council draft codes of conduct for members of the Legislative Council and draft amendments to codes already adopted,
(ii) carry out educative work relating to ethical standards applying to members of the Legislative Council,
(iii) give advice in relation to such ethical standards in response to requests for advice by the Legislative Council, but not in relation to actual or alleged conduct of any particular person,
(iv) review the code of conduct at least once in each period of four years.
Raising a matter of privilege
3. A matter of privilege may only be brought before the House as follows:
(a) A member desiring to raise a matter of privilege must inform the President of the details in writing.
(b) The President must consider the matter as soon as practicable and decide whether a motion relating to the matter is to take precedence under the standing orders. The President must notify his or her decision in writing to the member.
(c) While a matter is being considered by the President, a member must not take any action or refer to the matter in the House.
(d) If the President decides that a motion relating to a matter of privilege may take precedence, the member may, at any time when there is no business before the House, give notice of a motion to refer the matter to the committee. The notice will take precedence over all other business on the day stated in the notice.
(e) If the President decides that the matter should not take precedence, a member is not prevented from referring to the matter in the House or taking action in accordance with the practices and procedures of the House.
(f) If notice of a motion is given under paragraph 3 (4), but the House is not expected to meet within one week after the day on which the notice is given, the motion may be moved at a later hour of the sitting as determined by the President.
Powers
4. The committee has power to make visits of inspection within New South Wales and, with the approval of the President, elsewhere in Australia and outside Australia.
Membership
5. The committee is to consist of seven members, comprising:
(a) four Government members,
(b) two Opposition members, and
(c) one Cross Bench member.
Chair and Deputy Chair
6. (a) The Leader of the Government is to nominate in writing to the Clerk of the House the Chair of the committee.
(b) The Leader of the Opposition is to nominate in writing to the Clerk of the House the Deputy Chair of the committee.
Question put and passed.
Further Reading
Related information:
Code of conduct - The Legislative Council has adopted a code of conduct for its Members. A copy of the code is attached. On 5 December 2002 the House resolved to appoint, jointly with the Legislative Assembly, Mr Ian Dickson as Parliamentary Ethics Adviser (Minutes No. 52, 5/12/2002, entry no. 5).
Citizen's Right of Reply and ICAC