Australian Politics and Policy - Senior, 2019a

Australian Politics and Policy
powers and immunities to conduct inquiries and report back to the house. In modern
parliaments, committees are increasingly used to review legislative proposals, scrutinise
the budget and conduct inquiries into areas that may need law reform.
Case example: New South Wales, 1999 – a minister fails to produce documents to the
house
On 24 September 1998, the Legislative Council of the New South Wales parliament
passed a resolution directing the government to produce by 29 September all
documents relating to the contamination of Sydney’s water supply. On 29 September,
the clerk of the Council received a letter from the director-general of the
Cabinet Office, stating that, after advice from the crown solicitor, the government
would not table some documents on the grounds of legal professional privilege and
public interest immunity.
On 13 October, a further resolution was passed, again demanding that all
documents be produced but providing that those that the government claimed
weresubjecttoimmunityontheabovegroundsbemadeavailabletomembersof
theCouncilonlyandnotpublishedorcopiedwithoutanOrderoftheHouse.If
any member disputed the government’s claim, an independent arbiter would be
appointed to adjudicate and report back to the house.
Significantly, under this resolution, a document that was claimed and identified
as a Cabinet document would not be made available to Council members. Rather,
the claim would be subject to a right of appeal to an independent legal arbiter.
The government once more refused to comply. Therefore, on 20 October, the
treasurer and leader of the government in the upper house, Michael Egan, was
suspendedforfivesittingdaysandremovedfromthehousebytheusherofthe
black rod. Egan disputed the Council’s power to order the production of documents
subject to either legal professional privilege or public interest immunity, or to determine
the validity of such claims. The courts upheld the power of the Legislative
Council on the basis that its power to suspend Egan was a necessary incidence of
responsible government. 18
Debate and grievances
Anextremelyimportantfunctionofeachhouseofparliamentistoactasaforumto
enable members to represent their constituents and allow the views and grievances
of their constituents to be aired. The tabling of petitions is an example of this
function, as is the time allowed for individual members’ statements at adjournment
or other debates.
18 Griffith 1999.
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