Hi Debaters,

Some of you have been asking about what parliamentary privilege is for your debate next week, I
have attached some information below that will hopefully make this a little clearer. If you have
questions please ask a coach - they will all be able to help you understand anything that is in this
sheet. If after that you are still unsure, the main thing to keep in mind for your case is that members
of parliament can do and say things that other people in Australia cannot.

A simple definition:

The term parliamentary privilege refers to special legal rights and immunities which apply to each
House of the Parliament, its committees and Members. These provisions are part of the law of the
Commonwealth. The most commonly used privilege is that members of parliament cannot be sued
or prosecuted for anything they say in parliament.

But what does that look like?

- Absolute freedom of speech
- In Australia, we do have freedom of speech generally - but ordinary citizens can only exercise
your freedom of speech so long as you don’t unfairly offend, demean or attack someone or
some thing. If you do say something and it’s decided that you went too far, you can be sued in
a court and forced to pay damages (money) or face other consequences.
- In Parliament - members of parliament gain absolute freedom of speech - this means that
they can say anything at all during the course of debate and not be held liable.
- Effectively - Members of parliament cannot be sued or prosecuted for anything they say in
debate in the houses.
- This privilege also extends to people who give evidence during the course of parliamentary
business. (i.e. If someone is called into parliament to answer a question, the cannot be
sued or prosecuted for the answer they give)

- There are some more minor/less used privileges

- Members don’t have to attend courts as witnesses and can’t be arrested/detained on civil
matters on sitting days or within 5 days of sitting days.
- Civil matters - this means disputes between individuals (for example over a contract or
another personal frustration). The contrast is criminal matters - which are offences against
the state/public (e.g. burglary, murder). Members of parliament enjoy now special privileges
in criminal matters.
- Members don’t have to do jury duty.
- Parliament may compel someone to give evidence.

For more extensive notes:

- - https://www.abc.net.au/news/2018-09-12/what-is-parliamentary-privilege/10235824
- https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/
Brief_Guides_to_Senate_Procedure/No_20

- https://www.aph.gov.au/About_Parliament/House_of_Representatives/
Powers_practice_and_procedure/00_-_Infosheets/Infosheet_5_-_Parliamentary_privilege