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APR 2017-07 Winter Cover FA.Indd Printer to adjust spine as necessary Australasian Parliamentary Review Parliamentary Australasian Australasian Parliamentary Review JOURNAL OF THE AUSTRALASIAN STUDY OF PARLIAMENT GROUP Editor Colleen Lewis Fifty Shades of Grey(hounds) AUTUMN/WINTER 2017 AUTUMN/WINTER 2017 Federal and WA Elections Off Shore, Out of Reach? • VOL 32 NO 32 1 VOL AUTUMN/WINTER 2017 • VOL 32 NO 1 • RRP $A35 AUSTRALASIAN STUDY OF PARLIAMENT GROUP (ASPG) AND THE AUSTRALASIAN PARLIAMENTARY REVIEW (APR) APR is the official journal of ASPG which was formed in 1978 for the purpose of encouraging and stimulating research, writing and teaching about parliamentary institutions in Australia, New Zealand and the South Pacific Membership of the Australasian Study of (see back page for Notes to Contributors to the journal and details of AGPS membership, which includes a subscription to APR). To know more about the ASPG, including its Executive membership and its Chapters, Parliament Group go to www.aspg.org.au Australasian Parliamentary Review Membership Editor: Dr Colleen Lewis, [email protected] The ASPG provides an outstanding opportunity to establish links with others in the parliamentary community. Membership includes: Editorial Board • Subscription to the ASPG Journal Australasian Parliamentary Review; Dr Peter Aimer, University of Auckland Dr Stephen Redenbach, Parliament of Victoria • Concessional rates for the ASPG Conference; and Jennifer Aldred, Public and Regulatory Policy Consultant Dr Paul Reynolds, Parliament of Queensland • Participation in local Chapter events. Dr David Clune, University of Sydney Kirsten Robinson, Parliament of Western Australia Dr Ken Coghill, Monash University Kevin Rozzoli, University of Sydney Rates for membership Prof. Brian Costar, Swinburne University of Technology Prof. Cheryl Saunders, University of Melbourne Please contact the Treasurer/Secretary of the relevant Chapter for information on individual Dr Jennifer Curtin, University of Auckland Emeritus Prof. Marian Sawer, Australian and corporate membership fees. National University Dr Gareth Griffith, NSW Parliamentary Library Emeritus Prof. Roger Scott, University of Queensland Prof. John Halligan, University of Canberra Prof. Marian Simms, Deakin University Assoc. Prof. Graham Hassall, Victoria University To join the Australasian Study of Parliament Group please contact the Treasurer of the Chapter of Wellington Dr Robyn Smith, Parliament of the Northern Territory you wish to join through the relevant Parliament and pay direct to the Chapter. Dr Richard Herr, University of Tasmania Dr Rodney Smith, University of Sydney Chapters are: Dr Michael Hogan, University of Sydney Dr David Solomon, Queensland Integrity Commissioner Prof. Bryan Horrigan, Monash University Dr Katrin Steinack, University of Melbourne Australian Capital Territory covering the Australian and ACT Parliaments Dr Elaine Thompson, University of Prof. Helen Irving, University of Sydney New Zealand New South Wales (retired) Dr Rosemary Laing, Australian Senate Wayne Tunnecliffe, Parliament of Victoria New South Wales Dr Colleen Lewis, Adjunct Professor, Monash University Ken Turner, University of Sydney Northern Territory Dr Clement MacIntyre, University of Adelaide Prof. Anne Twomey, University of Sydney Queensland Dr Isla Macphail, Parliament of Western Australia Dr June Verrier, former Head Aust. Parlia mentary Assoc. Prof. Raymond Miller, University of Auckland Information & Research Services South Australia Dr Harry Phillips, Parliament of Western Australia Prof. George Williams, University of New South Wales Tasmania Victoria Western Australia Acknowledgements The ASPG wishes to express its gratitude to the Department of the House of Representatives and the Department of the Senate for their generous support of the Group. 1 Australasian Parliamentary Review AUTUMN/WINTER 2017, VOL. 32, NO. 1 Table of Contents FROM YOUR EDITOR 3 From Your Editor 3 Colleen Lewis ARTICLES 5 Parliamentary Privilege – Part 1: The test of necessity 6 Gerard Carney Part 1: The test of necessity 6 Part 2: Exclusive cognisance of internal affairs 15 Part 3: Article 9 “proceedings of parliament” 30 Political Leadership and Public Policy Debate in the 2016 Australian Federal Election 43 Andrew Gunn and Michael Mintrom Western Australia’s state election of 2017: what are the implications? 59 Martin Drum and Glenda Bourne Fifty Shades of Grey(hounds): The extent of the NSW Legislative Council’s power to order papers from organisations not in the control of a minister 74 Kate Mihaljek One Nation’s support: why “income” is a poor predictor 92 Frank Mols and Jolanda Jetten ‘We’re gonna need a bigger boat’: Navigating an ocean of media in the New South Wales Parliamentary Library 101 Susan Walton and Deborah Bennett These papers have been blind reviewed to academic standards. AUTUMN/WINTER 2017 • VOL. 32 NO. 1 2 Offshore, Out Of Reach? Parliamentary Oversight Of Australia’s Regional Processing Arrangements 112 CJ Sautelle Language and the Law: A Samoan Case Study 131 Eline Salevao Reflections on the Origins of the Australasian Study of Parliament Group: In Defence of Parochialism 153 Roger Scott CHRONICLES 159 From the Tables – July to December 2016 160 Tim Bryant BOOK REVIEWS 173 Colleen Lewis Party Rules? Dilemmas of political party regulation in Australia 174 Parliament Legislation and Accountability 178 NOTES FOR CONTRIBUTORS 183 These papers have been blind reviewed to academic standards. © Australasian Study of Parliament Group. Requests for permission to reproduce material from the Australasian Parliamentary Review should be directed to the Editor. ISSN 1447–9125 Edited by Dr Colleen Lewis, Adjunct Professor, National Centre for Australian Studies, Monash University. Designed and typeset by Keep Creative, Canberra. Printed by Instant Colour Press AUSTRALASIAN PARLIAMENTARY REVIEW From Your Editor 3 From Your Editor Colleen Lewis The Australasian Parliamentary Review (APR) is one of the few journals that focuses predominately, but not exclusively, on Parliaments. It exists to make an informed contribution to the study of Parliament and the fundamental role it plays in democratic political systems. It has been my privilege and pleasure to edit this important publication since 2014. I am standing down as APR editor on 1 August 2017 and am delighted to advise that Professor Rodney Smith from the University of Sydney will take on the editorship from that date. The Australasian Study of Parliament Group (ASPG) and other subscribers to APR are indeed fortunate to have such an eminent scholar as the new editor. I know Rodney will take the journal to new heights as people of Rodney’s standing in the broader political science community invariably do. During 2014 I coedited the journal with former editor Jennifer Aldred and took on the sole editorship in 2015. The 2015 Spring/Summer edition was coedited with Dr Isla Macphail. I have always had Jennifer’s support behind the scenes and learnt a lot from her as I did Isla. I thoroughly enjoyed working with them both. I would also like to express my sincere thanks to all who contributed articles to each edition during my time as editor I am wiser from having read and edited your considered and well-researched articles and I mean it when I say it was a pleasure to work with you all. I am looking forward to having the time to be a potential contributor to APR myself. To all members of the ASPG, I thank you for allowing me to contribute to the life of the journal these past three years. While on the subject of change, I need to advise APR readers of the resignation of Liz Kerr from authorship of the From the Tables section of the journal. Thank you Liz for your hard work on behalf of the APR and welcome to Tim Bryant, Clerk Assistant (Committees), Senate, who has kindly taken on the role. This edition of the journal has interesting and informative article that you will enjoy reading. Topics covered include political leadership and public policy debates that arose in the 2016 Federal election, authored by Andrew Gunn and Michael Mintrom; an article written by Frank Mols and Jolanda Jetten on One Nation, which analyses why income can be a poor predictor of outcome. A contribution by Kate Mihaljek AUTUMN/WINTER 2017 • VOL. 32 NO. 1 4 C OLLEEN Lewis examines the extent of New South Wales Legislative Council’s power to order papers from organisations that are not in the control of a minister; Susan Walton and Deborah Bennett’s article focuses on issues that arise for the New South Wales Parliamentary Library as it attempts to navigates ‘an ocean of media’; the recent state election in Western Australia and its implications is the focus of an article by Martin Drum and Glenda Bourne; parliamentary oversight of Australia’s regional processing arrangements is addressed by CJ Sautellel; and Eline Salevao’s contribution offers a Samoan case study on language and the law. Readers will see that Gerard Carney’s article is in three parts. I originally intended to publish part one in this volume and part two and three in the November/December edition of APR. I suggested splitting the article because, if published as a single article, the word length would have been in excess of 13,500 words, which is over three times the length of most articles accepted for publication in the journal. However, after taking into account a reviewer’s comment on the importance of the issues raised by Professor Carney and other positive reflections, I made the decision, as editor, to publish it as a three- part
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