Contempt of parliament

In some countries, contempt of Parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his or her duties. The offence is known by various other names in jurisdictions in which the legislature is not called "parliament". Actions that may constitute contempt of parliament include:

In some jurisdictions, a house of the legislature may declare any act to constitute contempt, and this is not subject to judicial review. In others, contempt of parliament is defined by statute; while the legislature makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the courts. Some jurisdictions consider contempt of parliament to be a criminal offence.

In the Commonwealth of Australia, the Parliamentary Privileges Act 1987 defines contempt of Parliament as follows:

Conduct (including the use of words)... [which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.

Contempt decisions by the House of Representatives or the Senate are thus subject to review by the federal courts. This follows after the Browne–Fitzpatrick privilege case which centred around Morgan, Fitzpatrick and Frank Browne being denied legal representation and subsequently being convicted and serving ninety days each in gaol for publishing an allegedly defamatory article against a member of parliament.

Punishments are limited under the Act to (for individuals) a fine of $5,000 and/or six months' imprisonment, or (for corporations) a fine of $25,000.

In the Senate, allegations of contempt are heard by the Privileges Committee, which decides whether or not contempt was committed, and if so, what punishment is to be imposed. In practice, there have been very few times when a hearing determined that anyone was in contempt, and on no occasions has anyone been punished beyond a warning, with an apology and/or appropriate remedial action.

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