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	Parliamentary Privilege
		Parliamentary privilege is the term used to describe the laws relating to:
		the privileges or immunities of the Parliament; and
		Parliamentary privilege in relation to Australian parliaments derives from the Westminster parliamentary tradition.
	www.parliament.tas.gov.au /tpl/InfoSheets/Parl_Priv.htm (693 words)

	Parliamentary privilege
		The effect of this provision was to incorporate the law of parliamentary privilege as it existed in the United Kingdom at 1901 into the constitutional law of Australia.
		the privileges, or immunities, of the Houses of Parliament; and
		The parliamentary privilege issue which arose in these cases was whether a witness who gave evidence to a parliamentary committee could then be examined on that evidence in the course of a criminal trial.
	www.ag.gov.au /www/agd/agd.nsf/Page/Evidence_Parliamentaryprivilege (2294 words)

	Chapter 11 - ABSOLUTE PRIVILEGE (Site not responding. Last check: 2007-10-10)
		11.11 At common law absolute privilege attaches to communications relating to an act of state by high officers of state,[5] although, as "act of state", or the class of officials whose communications are privileged are not defined, the extent of this protection is uncertain.
		Parliamentary Counsel's advice to the Commission is that the use of different legislative models for conferring absolute privilege is necessary, for example if legislation is to conform with that of other States.
		Absolute privilege can, therefore, only apply to publications made in the course of the act of inquiring by the body in question - that is, in questions asked (orally or in writing) in the course of that act and in answers supplied to those questions.
	www.austlii.edu.au /au/other/nswlrc/rpt75/chap11.html (3981 words)

	Australian Legal Industry News and Law Firm - Clayton Utz - Parliamentary privileges prevail (Site not responding. Last check: 2007-10-10)
		Parliamentary privilege is a long-established principle but it is often criticised, usually because of perceptions that it has been abused by those who rely on it.
		In relation to the possibility that the privilege might be abused, the ECHR ruled that abuse of the privilege was a matter for internal self-regulation by the Parliament, not a matter for investigation and regulation by the courts.
		In the final analysis, the ECHR found that parliamentary privilege was of fundamental importance to the operation of the Parliament and that the disadvantage that it imposed on individuals was not disproportionate to that fundamental importance.
	www.claytonutz.com /news/controller.asp?nid=524 (1160 words)

	ASGP \| Forum (Site not responding. Last check: 2007-10-10)
		Parliamentary privilege protects members of parliament from legal action resulting from an opinion expressed or vote cast.
		Parliamentary immunity protects parliamentarians against civil or criminal proceedings for acts undertaken outside the exercise of their parliamentary function.
		In a number of countries privilege extends to the reproduction of a parliamentarian's words that are covered by privilege, on the condition that the reproduction is accurate and in good faith (eg Bangladesh, Canada, Estonia, Mozambique and the Philippines).
	www.asgp.info /forum/forum_item_3.htm (970 words)

	The Telegraph - Calcutta : Opinion (Site not responding. Last check: 2007-10-10)
		Yet the idea of parliamentary privilege, the bone of contention between The Hindu, a newspaper that is 125 years old and a name that is almost synonymous with the media in Chennai, and the Tamil Nadu assembly does precisely that.
		The precipitate action of the privileges committee, the punishment recommended and the actions that followed make it imperative that the idea of privilege is reexamined by a body of jurists and political philosophers.
		The notion of parliamentary privilege, a direct import from the house of commons in Britain, is something of an anomaly in the Indian political system.
	www.telegraphindia.com /1031111/asp/opinion/story_2556952.asp (486 words)

	Parliament of Australia: Senate: Publications - Senate Briefs
		The term ‘parliamentary privilege’ refers to two significant aspects of the law relating to Parliament: the privileges or immunities of the houses of the Parliament, and the powers of the houses to protect the integrity of their processes, particularly the power to punish contempts.
		The term ‘privilege’, in relation to parliamentary privilege, refers to an immunity from the ordinary law, which is recognised by the law as a right of the houses and their members.
		The principal immunity is the freedom of parliamentary debates and proceedings from question and impeachment in the courts, the most significant effect of which is that members of Parliament cannot be sued or prosecuted for anything they say in debate in the houses.
	www.aph.gov.au /senate/pubs/briefs/brief11.htm (2067 words)

	[No title]
		The operation of another aspect of privilege, Article 9 of the Bill of Rights 1688, prevents their use in most cases. The decisions of the Commissioner would need to be clarified as outside the scope of parliamentary privilege for the findings to become judicially reviewable.
		Parliamentary precedents from the UK therefore become relevant both in parliamentary practice and in terms of judicial scrutiny of the parliamentary process.
		As part of the law, privilege can therefore be regulated by statute and has been subject to codification, notably in the Parliamentary Privileges Act 1987 which regulated the power to commit for contempt and the scope of Article 9 (freedom of speech) of the Bill of Rights 1688.
	www.public-standards.gov.uk /publications/doc/8th_report_research.doc (16082 words)

	House of Representatives Factsheet: Parliamentary privilege (Site not responding. Last check: 2007-10-10)
		As this was one of the privileges of the House of Commons in 1901, it was inherited by the House and the Senate under the terms of the Commonwealth Constitution.
		The privilege is thus a very great one, and it is recognised that it carries with it a corresponding obligation that it should always be used responsibly.
		Inquiries by the Committee of Privileges of the House of Representatives
	www.australianpolitics.com /parliament/factsheets/05privilege.htm (2270 words)

	New Zealand Parliament - Parliamentary privilege
		The concept of parliamentary privilege is often misunderstood to mean that politicians acquire personal privileges simply by being elected to Parliament.
		It deems the privileges held by the British House of Commons in 1865 to be applicable in New Zealand.
		Therefore, it is the privileges held by the House of Commons in 1865, not 1908, which form the basis of parliamentary privilege in New Zealand.
	www.clerk.parliament.govt.nz /en-NZ/HowPWorks/Privilege/0/9/b/09b66aa4ad2e4004952ce22b60df47b2.htm (1265 words)

	Trinidad News, Trinidad Newspaper, Trinidad Sports, Trinidad politics, Trinidad and Tobago, Tobago News, Trinidad ...
		Without Parliamentary protection members would be handicapped in performing their parliamentary duties, and the authority of Parliament itself in confronting the Prime Minister and Cabinet and as a forum for expressing citizens' anxieties would be undermined.
		Parliamentary privilege up to this point has dictated that it is the Sergeant-at-Arms -and not the London Metropolitan Police-who is ultimately responsible for security in the Commons chamber.
		Parliamentary privilege is part of arrangements for real democracy, where the Parliament is supreme, not the executive.
	www.trinidadexpress.com /index.pl/article_opinion?id=39043522 (1177 words)

	Parliamentary privilege - Wikipedia, the free encyclopedia
		Parliamentary privilege, also known as absolute privilege, is a legal mechanism employed within the legislative bodies of countries whose constitutions are based on the Westminster system.
		Parliamentary privilege is controversial because of its potential for abuse; a member can use privilege to make damaging allegations that would ordinarily be discouraged by defamation laws, without first determining whether those allegations have a strong foundation.
		The rule for when parliamentary privilege applies is that it cannot exceed the powers, privileges and immunities of the imperial parliament as it stood in 1867, when the first constitution was written.
	en.wikipedia.org /wiki/Parliamentary_privilege (918 words)

	Department for Constitutional Affairs - People's Rights - Freedom of Information
		The core of parliamentary privilege is that Parliament controls its own proceedings, and that proceedings in Parliament cannot be impeached or questioned in the courts or similar institutions (such as tribunals).
		Most importantly, in the context of the exemption, a Member's correspondence (including correspondence with Ministers or other Members of either House, or their Officers) is not privileged, unless it relates to actual or potential proceedings of the relevant House or committee [footnote 2].
		Further information on the origins and extent of parliamentary privilege can be found in Erskine May; or in the Report of the Joint Committee on Parliamentary Privilege (30 March 1999, HL Paper 43-1).
	www.dca.gov.uk /foi/guidance/exguide/sec34/chap02.htm (1208 words)

	[No title]
		Thus, privilege, though part of the law of the land, is to a certain extent an exemption from the general law.
		A person found guilty of breach of privilege or contempt of the House may be punished either by imprisonment, 23 or by admonition (warning) 24 or reprimand.
		It is against the rules of parliamentary debate and decorum to make defamatory statements or allegations of incriminatory nature against any person and the position is all the worse if such allegations are made against persons who are not in a position to defend themselves on the floor of the House.
	rajyasabha.nic.in /rajya/19/94/i5/94I50901.htm (2714 words)

	Ruling on Parliamentary Immunity (Site not responding. Last check: 2007-10-10)
		In addition to the argument based upon parliamentary privilege, he invokes certain promises made to him prior to testifying to the effect that his testimony would not be used in other proceedings.
		The objection to any admission of the PAC transcripts is based on the parliamentary privilege of "free speech" which is part of the Constitution of Canada by virtue of the preamble and s.
		Facts having their source in privileged communications are often denied to judges and juries, as triers of questions of fact, yet no one contests the legal validity of their eventual findings and verdict.
	www.gomery.ca /en/rulingonparliamentaryimmunity (1914 words)

	Eastern Book Company—Practical Lawyer
		The term "parliamentary privilege"1 is essentially used to describe the law relating to the privileges or immunities of Parliament and includes its powers to punish for "contempt" or breach of privilege.
		The privileges, whether of Parliament itself as a collective body or of the individual members, are intended to enable them to carry out their constitutional functions of legislating, debate and enquiry effectively, independently and without interference or obstruction from any quarter.
		Article 105(3), as originally framed, provided that until the law relating to parliamentary privilege is codified, the privileges of the House would be the same as those of the House of Commons that existed at the commencement of the Constitution.
	www.ebc-india.com /lawyer/articles/2006_2_1.htm (5893 words)

	Lawlink NSW: 11. Absolute Privilege
		While the policy underlying absolute privilege at common law can be of use in deciding the appropriate level of privilege, the Commission understands there are no formal guidelines to which reference may be made during the drafting process.
		In most instances a defence of qualified privilege will be available for defamatory statements made in the course of their proceedings, for example in proceedings of church tribunals or private disciplinary tribunals.
		Legislation to extend and clarify the scope of both absolute and qualified privilege was recommended in the United Kingdom by: Select Committee on Parliamentary Privilege (1967); the Joint Committee on the Publication of Proceedings in Parliament, Second Report (1970) (which proposed a draft definition); the Faulks Committee (1975).
	www.lawlink.nsw.gov.au /lrc.nsf/pages/R75CHP11 (4771 words)

	Lawlink NSW: 7. Absolute Privilege
		The question of whether absolute privilege is available in respect of a particular tribunal exercising quasi-judicial functions requires in each case a detailed examination of the constitution, functions, and procedures of the tribunal in question.
		There is also a defence of absolute privilege for a publication in the course of an inquiry made under the authority of an Act or Imperial Act or under authority of Her Majesty, of the Governor, or of either House or both Houses of Parliament.
		In the absence of an express entitlement to absolute privilege, a parliamentarian or officer of a tribunal or public body will be required to incur the inconvenience of ensuring that the circumstances of publication would support a defence of qualified privilege in the event of a defamation action being commenced.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/DP32CHP7 (5768 words)

	Glossary of Parliamentary Terms
		An infringement of one of the specific privileges of the House or its Members which prevents them from carrying out their functions.
		The procedural Clerk acting as administrative officer and adviser on parliamentary procedure to a committee.
		A parliamentary system in which the legislative power is vested in one chamber.
	www.ttparliament.org /glossary.htm (6724 words)

	Parliament (Parliamentary privilege, Select committees, House...
		Parliamentary procedure is largely based on precedent and is set down by each House in a code of practice known as its 'Standing Orders'.
		Members of the House of Lords receive no salary for their parliamentary work, but they can claim for expenses incurred in attending the House (for which there are maximum daily rates) and for certain traveling expenses.
		They were selected on the basis that they would bring considerable experience and authority to the House of Lords, adding to the range of expertise available in a number of areas including science, social policy, housing, employment, education, business and international affairs.
	home.san.rr.com /ssb321/_disc1/00000008.htm (972 words)

	Parliamentary Privilege
		This was one of the privileges of the House of Commons in 1901 inherited by the House of Representatives under the terms of the Commonwealth Constitution.
		The privilege of freedom of speech can be described as a ‘privilege of necessity’ as it enables members to raise in the Assembly matters which they would not otherwise be able to bring forward without fear of legal consequences.
		Qualified privilege exists where a person is not liable for an action of defamation if certain conditions are fulfilled, for example if it is a fair and accurate report and if a statement is not made with malice.
	www.nt.gov.au /lant/pub/ip7.shtml (1891 words)

	The K-Zone: Parliamentary privilege
		The mixed bag of privileges which MPs attract, solely by virtue of their office.
		The most significant of an MPs privileges is an immunity from actions in defamation (to which AbsolutePrivilege attaches).
		Other minor privilege which, technically, still exist are an exemption from jury duty, and the right not to be compelled to give evidence in court (see CompellableWitness).
	www.kevinboone.com /lawglos_ParliamentaryPrivilege.html (186 words)

	UK Parliament - standards
		An MP complaining of an alleged breach of privilege must submit the case privately to the Speaker, who then decides whether the matter can be raised in the Chamber itself.
		The matter may be referred to the Committee on Standards and Privileges, which investigates and reports to the House.
		In 1997 a joint committee of both Houses was established - the Joint Committee on Parliamentary Privilege - to investigate matters of privilege.
	www.parliament.uk /works/standards.cfm (984 words)

	Parliamentary immunity - Wikipedia, the free encyclopedia
		Parliamentary immunity, also know as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution.
		Legislators in countries using the Westminster system, such as the United Kingdom, are also protected from civil action for slander and libel by their parliamentary immunity whilst they are in the House.
		Requests for the arrest or detention of a parliamentarian are issued by the general prosecutor of the competent Court of Appeal, sent to the Minister of Justice, who transmits them to the Desk of the relevant assembly.
	en.wikipedia.org /wiki/Parliamentary_immunity (766 words)

	PM - Concern over SA move to restrict parliamentary privilege
		And unfortunately there've been many examples in recent years where parliamentary privilege has been abused, either for political purposes, or to smear somebody's reputation under cover of that privilege so it can't be used in the courts.
		It is a privilege, not a right, and as a privilege I think that Parliament ought to do more to make sure that its members use it in a responsible way.
		JOHN WILLIAMS: Well I think probably what it highlights is the fact that parliamentary privilege is such an unwieldy beast in many ways, and in an electronic age, it's sometimes a very strange thing to have.
	www.abc.net.au /pm/content/2005/s1338846.htm (906 words)

	Parliamentary privilege : Directgov - Guide to government
		Parliament has the right to punish anybody, inside or outside the House, who commits a breach of privilege - that is, who offends against the rights of the House.
		Parliamentary procedure is largely based on precedent and is set down by each House in a code of practice known as its 'Standing Orders'.
		The Secretary of State for Justice and Lord Chancellor, in his role as Lord Chancellor, may vote, but does not have a casting vote.
	www.direct.gov.uk /Gtgl1/GuideToGovernment/Parliament/ParliamentArticles/fs/en?CONTENT_ID=4003246&chk=hnoQiT (403 words)

	Trinicenter.com : It's time to abolish Parliamentary privilege
		One of the quirks of parliamentary democracy is there are no standards or qualifications required for any citizen to stand for election or nomination to either Chamber.
		The end result of the privileges extended to elected MPs and senators is that far too many use their freedom of speech to vilify ordinary citizens, to make serious allegations against people who have no recourse in law or anywhere else.
		In similar vein, members of the judiciary enjoy privileges that belong to the 18th century, not to today's world in which it is almost impossible to find men and women of substance, not to add character, to allow them such immunity.
	www.trinicenter.com /Raffique/2006/Feb/122006.htm (814 words)

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