accountability of parliament through privileges + interest committees

3 types of standing committees

1. standing members’ committee of privileges + members interests (HoR)

2. senate standing committee of privileges

3. senate standing committee of senator’s interests

parliamentary privliege

MPs are exempt from judicial accountability for speeches made in prlt or comments made in committees

enhanced freedom of speech is essential for prlt to perform its 4 functions

accountability for comments made under privilege is essential to prevent abuse of power

MPs who behave in unparliamentary ways may be referred to committees for discipline

privilege committees

act as tribunals within prlt

may sanction a member found to have breach prlt privilege

cannot exercise judicial power but can reprimand + discipline MPs

composed of MPs → lack impartiality + independence → proceedings can be contaminated by personal/policial interests

Craig Thomson

ALP backbencher

made a speech in prlt in 2012 regarding being innocent of theft charges from the Health Service Union (was accused of using Union money on escort services)

was found to be contrary to court rulings, MPs cannot intentionally mislead prlt

prlt reprimanded him April 2016

members’ + senators’ interest committees

held by each house

purpose is to make MP’s financial interests transparent

MPs are required to declare shareholdings, property, investments etc.

committees register declarations + ensure they are up to date

can investigate any member whose private interest conflict with their public duties

Lidia Thorpe

former deputy head of the Greens

referred herself to the SPC in Oct 2022 after it was revealed that she was in a relationship with Dean Martin, Rebel Bikes President

posed a conflict of interests with her position as Deputy Leader of the Greens + position on Joint Committee on Law Enforcement

SSCP tabled the report in March 2023 + found Thorpe didn’t disclose any personal information to Mr Martin but should have declared her relationship

resigned from the Greens + now serves as an Independent in the Senate

codes of conduct

set standards for how MPs should behave

committees may investigate + sanction members for contempt + breach of conduct