Parliamentary Privileges Amendment (Royal Commission Response) Bill 2022

High-Level Summary
The bill proposes to amend the Parliamentary Privileges Act 1987 to exempt certain Royal Commissions from restrictions imposed by parliamentary privilege, allowing them to fully investigate government actions and inactions.

Summary
The bill affects the Parliamentary Privileges Act 1987 by adding a provision which allows Royal Commissions, with terms of reference that require examining government actions, to draw inferences or conclusions from proceedings in Parliament despite parliamentary privilege. From the explanatory memo:
The exemption would allow exempted Royal Commissions to draw, or invite the drawing of, inferences or conclusions wholly or partly from anything forming part of proceedings in Parliament.
This change is in response to Recommendation 7 of the Royal Commission into Defence and Veteran Suicide interim report, which found that parliamentary privilege was hindering its ability to inquire into government actions necessary for its investigation.

Argument For
Normative Bases
  1. Pro-Democracy
  2. Non-Discrimination

The bill should be supported because it enhances government accountability by removing barriers that prevent Royal Commissions from fully investigating and holding government bodies accountable, thereby reinforcing democratic oversight [Judgment]. Additionally, it supports the principle of equality by ensuring that no government entity or official is above scrutiny, which is essential for maintaining public trust in democratic institutions.


Argument Against
Normative Bases
  1. Value-Neutral / Epistemic Objection
  2. Legal Principle

The bill should be opposed because it potentially undermines the foundational concept of parliamentary privilege, which exists to protect the independence of parliamentary debate and the ability of members to speak freely without fear of repercussions [Judgment]. By allowing Royal Commissions to draw conclusions from parliamentary proceedings, there is a risk of eroding this privilege, which could lead to unintended consequences in other areas of governance where privilege serves as a necessary safeguard.


Date:

2022-09-07

Status:

Before Senate

Sponsor:

LAMBIE, Sen Jacqui; TYRRELL, Sen Tammy

Portfolio:

Unspecified

Categories:

Democratic Institutions, National Security, Defence

Timeline:
07/09/2022
26/09/2022

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