(1) The House may order
documents to be tabled in the House. The Clerk is to communicate to the
Premier’s Department, all orders for documents made by the House.
(2) When returned, the documents will be laid on the
table by the Clerk.
(3) A return under this order is to include an indexed
list of all documents tabled, showing the date of creation of the document, a
description of the document and the author of the document.
(4) If at the time the documents are required to be
tabled the House is not sitting, the documents may be lodged with the Clerk,
and unless privilege is claimed, are deemed to be have been presented to the
House and published by authority of the House.
(5) Where a document is considered to be
privileged:
(a) a return is to be prepared showing the date of
creation of the document, a description of the document, the author of the
document and reasons for the claim of privilege,
(b) the documents are to be delivered to the Clerk by the
date and time required in the resolution of the House and:
(i) made available only to members of the Legislative
Council,
(ii) not published or copied without an order of the
House.
(6) Any member may, by communication in writing to the
Clerk, dispute the validity of the claim of privilege in relation to a
particular document or documents. On receipt of such communication, the Clerk
is authorised to release the disputed document or documents to an independent
legal arbiter, for evaluation and report within seven calendar days as to the
validity of the claim.
(7) The independent legal arbiter is to be appointed
by the President and must be a Queen’s Counsel, a Senior Counsel or a
retired Supreme Court Judge.
(8) A report from the independent legal arbiter is to
be lodged with the Clerk and:
(a) made available only to members of the
House,
(b) not published or copied without an order of the
House.
