Minutes of the Proceedings of the Legislative Council No. 132, Thursday 15 November 2001, item .
That a Standing Committee on Parliamentary Privilege and Ethics (referred to as
“the Committee”) be appointed to consider and report upon any matters relating
to privilege which may be referred to it by the House or the President.
That the Committee have leave to sit during the sittings or any adjournment of
the House, and have power to take evidence and send for persons and papers.
That the Committee have power to confer with any similar Committee appointed by
the Legislative Assembly.
That, notwithstanding anything to the contrary in the Standing Orders, the
Committee consist of the following Members: Mr Johnson, Mr Primrose, Mr Kelly,
Ms Saffin, Mrs Sham-Ho and 2 members nominated by the Leader of the Opposition.
Nominations for membership of the Committee are to be in writing to the Clerk
of the House within 7 days.
The Leader of the Government is to nominate in writing to the Clerk of the
House the Chair of the Committee.
The Leader of the Opposition is to nominate the Deputy Chair of the Committee.
The member nominated as Deputy Chair is to act as Chair when the Chair is
absent from a meeting.
In the absence of both the Chair and Deputy Chair from a meeting of a Standing
Committee, a member of the Committee is to be elected by the members present to
act as Chair for that meeting of the Committee.
The Chair, Deputy Chair or other member acting as Chair at a meeting of a
Committee has a deliberative vote and, in the event of an equality of votes, a
casting vote.
That, notwithstanding anything contained in the Standing Orders, a matter of
privilege may only be brought before the House as follows:
A Member desiring to raise a matter of privilege must inform the President of
the details in writing.
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 her decision in writing to the
Member.
While a matter is being considered by the President, a Member must not take any
action or refer to the matter in the House.
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 must take precedence under Standing Order 55 on the day stated in the
notice.
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.
If notice of a motion is given under paragraph 5 (d), 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.
That should the House stand adjourned and the Committee agree to any report
before the House resumes sitting:
the Committee have leave to send any such report, minutes and evidence taken
before it to the Clerk of the House,
the documents be printed and published and the Clerk forthwith take such action
as is necessary to give effect to the order of the House, and
the documents be laid on the Table of the House at its next sitting.
That the Committee is the designed Committee for the purposes of section 72B of
the Independent Commission Against Corruption Act 1988, relating to
parliamentary Ethical Standards.
