Legislative Council Standing Orders - Chapter 21

CHAPTER 21 - PRIVILEGE AND RIGHT OF REPLY

 

21.01  Raising matters of privilege

(1)    When any matter of privilege arises a Member will, unless circumstances prevent, give written notice of the alleged breach of privilege or contempt to the President as soon as reasonably practicable after the matter has come to attention.

(2)    If the matter arises from a statement published in a newspaper, book or other publication, the Member will provide the President with a copy of that newspaper, book or publication.

(3)    The President thereupon will determine as soon as practicable whether the matter merits precedence over other business.

(4)    If in the opinion of the President the matter merits precedence, he or she will inform the Council of this decision, and the Member who raised the matter may forthwith move a motion without notice in relation to the matter.

(5)    If in the opinion of the President the matter does not merit precedence, he or she will inform the Member in writing accordingly, and may also inform the Council of this decision.

(6)    A decision by the President not to allow precedence will not prevent a Member from proceeding with the matter by motion and after notice.

 

21.02  Right of reply

(1)    A person or organisation who has been referred to in the Council by name, or in such a way as to be readily identified, may make a submission in writing to the President requesting that he or she be permitted to incorporate an appropriate response in the parliamentary record.

(2)       In the submission the applicant must claim that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in occupation, trade, office or financial credit, or that his or her privacy has been unreasonably invaded by reason of that reference. 

 

21.03  If President satisfied as to subject of submission

(1)    If the President is satisfied that the subject of the submission is not so obviously trivial or the submission so frivolous, vexatious or offensive in character he or she may determine -

        (a)    that no further action be taken in relation to the submission; or

        (b)    that a response by the person or organisation who made the submission be published by the Council and incorporated in Hansard.

(2)     The President will inform the Council of his or her decision.

 

21.04  President may confer with person seeking right of reply; must notify and consult with Member

In considering a submission the President -

(a)    may confer with the person or organisation who made the submission;

(b)    must give notice of the submission in writing to the Member who referred in the Council to that person and then consult with the Member prior to any response being presented to the Council; and

(c)     will not consider or judge the truth of any statements made in the Council or the submission.

 

21.05  Content of response in reply

A response presented to the Council will -

(a)    be succinct and strictly relevant to the questions in issue and will not contain anything offensive in character; and

(b)    not contain any matter the publication of which would have the effect of -

        (i)      unreasonably adversely affecting or injuring a person, or unreasonably invading a person's privacy, in the manner referred to in that Standing Order; or

        (ii)     unreasonably adding to or aggravating any such adverse effect, injury or invasion of privacy suffered by a person or organisation.