Legislative Assembly
Parliament of
Fact Sheet 11
Right of Reply by Persons Referred
to in the House
Freedom
of Speech and the Right of Reply
Freedom
of speech is seen as one of the most important rights held by members of
Parliament. Members of Parliament are free to say whatever they deem
appropriate during debate in the House without being held legally accountable
to anyone aggrieved by those comments. This right enables them to freely debate
issues which they would not otherwise be able to discuss for fear of
litigation.
If
individuals referred to by members are harmed by remarks made or feel that
their privacy has been invaded or that they have been injured as a consequence
of the remarks, they may seek the publication of a response in the parliamentary
record. This is the citizen’s Right of Reply. The procedure for Right of Reply is
set out in Standing Order 227.
Overview of the Right of Reply Procedure
·
An application in
writing is sent to the Speaker.
·
If the Speaker is
satisfied that the requirements under Standing Order 227 have been met,
the submission is referred to the Privileges Committee.
·
The Committee
initially reviews the submission to determine whether it should be considered.
·
If the Committee
decides to consider the submission, it then tables a report recommending either
that no further action is taken, or that an approved response is published (often
as part of the Committee's tabled report) or incorporated into Hansard.
·
The House then
decides whether or not to accept the recommendations of the Committee.
Submission
to the Speaker
·
An applicant must
be a person who has been named in the House or who has been referred to in such
a way as to be readily identified. As it is a right granted to individuals,
submissions cannot be made by or on behalf of corporations, businesses, firms,
organisations or institutions.
·
Submissions
should be addressed to the Speaker of the Legislative Assembly, Parliament
House, Spring Street,
·
The applicant
must claim:
— an adverse impact on their reputation or in their dealings
or associations with others; or
— injury to occupation, trade, office or financial credit; or
— unreasonable invasion of privacy.
·
The applicant
must request agreement to incorporate an appropriate response in the
parliamentary record.
·
Unless
exceptional circumstances exist (for example, serious illness or absence
abroad) an application must be made within six months of the remarks being
made.
Consideration by the Speaker
The
Speaker will consider the written evidence received and must be satisfied that:
·
The submission is
not so trivial, frivolous or vexatious as to make it inappropriate to be
considered by the Privileges Committee; and
·
It is practical
for the Committee to consider the submission.
If
the Speaker decides it inappropriate to refer the matter to the Committee, the
Speaker will notify the applicant accordingly. No right of appeal exists.
If
a submission is referred to the Privileges Committee, the secretary of the
Committee will contact the applicant to explain the Committee’s procedure.
Initial
Consideration by the Privileges Committee
·
The Committee
meets in private to consider submissions.
·
The Committee
initially carries out a review to assess whether the subject is sufficiently
serious or whether the submission itself is frivolous, vexatious or offensive
in character. If, having conducted this initial review, the Committee decides
not to consider a submission, it reports that decision
to the House.
·
Normally the secretary
of the Committee will notify an applicant of the outcome of initial
considerations. No right of appeal
exists against a decision not to consider a submission.
Detailed
Consideration by the Privileges Committee
·
If the initial
review finds the matter is sufficiently serious, the Committee considers the
submission in detail and the applicant may be asked to prepare a draft
response.
·
The Committee
does not sit as a tribunal and, as such, does not consider or judge the truth
of any statements made either by the applicant or those made by a member. The
intention of the Right of Reply procedure is to put the applicant in the same
position as if he or she had participated in debate. In other words, if the
applicant been a member present in the debate, he or she could have rebutted
the remarks. The publication of a formal response is the equivalent of such a
rebuttal.
·
The Committee has
the discretion to request oral evidence from the applicant or the member who
made the statement in the House. In exercising its discretion the Committee
will consider whether the written submission establishes the position clearly
enough to enable the Committee to progress to the next stage.
·
The Committee has
the option of taking into account any other information or views provided by
the applicant.
·
The Committee
must report to the House and may attach to the report minutes of evidence and
all or part of the applicant’s submission. It must not otherwise publish the
submission.
Recommendation of the
Privileges Committee
In
reporting to the House, the Committee can recommend:
·
That no further
action be taken; or
·
That a response,
as agreed by the Committee, be published by the House or incorporated in
Hansard.
The
Committee cannot make any other recommendations. Once the Committee’s report
has been tabled, the House considers the recommendations and whether to accept
them.
Drafting a Response
·
The secretary of
the Privileges Committee will liaise with the applicant about drafting a
response.
·
The applicant
must comply with guidelines as to the length of a response. Usually 1–3 pages
would be appropriate, depending on the complexity of the issues. Appendices
should not be attached to a response.
·
The draft
response must be in moderate and appropriate language. Allowance will be made
for applicants unfamiliar with parliamentary language.
·
If a response is
ordered to be printed or incorporated into Hansard, it can be viewed on
Parliament’s website or can be found in the relevant Privileges Committee report.
Issued by the Clerk of the
Legislative Assembly, February 2009
Fact Sheets
The Legislative Assembly Procedure Office
has produced a series of Fact Sheets that explain parliamentary procedure and
terminology. All Fact Sheets are available on Parliament’s website www.parliament.vic.gov.au or through the Procedure
Office. Contact Details
Procedure Office, Legislative Assembly,
Parliament House, Spring Street, Phone No: 03
9651 8563 Fax No: 03 9650 7245 Email: assembly@parliament.vic.gov.au |