THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA THE SENATE COMMITTEE OF PRIVILEGES PENALTIES FOR CONTEMPT INFORMATION PAPER 95TH REPORT SEPTEMBER 2000 © Parliament of the Commonwealth of Australia 2000 ISSN 1038-9857 ISBN 0 642 71101 1 This document was produced from camera-ready copy prepared by the Committee of Privileges, and printed by the Senate Printing Unit, Parliament House, Canberra ii MEMBERS OF THE COMMITTEE Senator Robert Ray (Chair) (Victoria) Senator Sue Knowles (Deputy Chairman) (Western Australia) Senator Alan Eggleston (Western Australia) Senator Chris Evans (Western Australia) Senator Julian McGauran (Victoria) Senator Marise Payne (New South Wales) Senator the Hon. Nick Sherry (Tasmania) The Senate Parliament House CANBERRA ACT 2600 Telephone: (02) 6277 3360 Facsimile: (02) 6277 3199 E-mail:
[email protected] Internet: http://www.aph.gov.au/senate_privileges iii PENALTIES FOR CONTEMPT 1. In its 84th report, tabled in the Senate on 7 March 2000, the Committee of Privileges advised that it had ‘commissioned a paper on the range of penalties both available and imposed in other jurisdictions, within Australia and overseas.’ It further advised that it intended ‘to report to the Senate on the general question of penalty following receipt and consideration of that paper.’1 2. The committee has now received a paper, prepared by Mr David Sullivan, a senior research officer in the Procedure Office of the Department of the Senate, which in the committee’s view gives a helpful comparative account of penalties for contempt in Australia and several overseas countries, in accordance with the committee’s request. The paper includes as an attachment a useful chart of the legislative or other basis of each country’s contempt powers, a summary of their nature and whether they apply to members and other persons, together with a bibliography of the sources consulted.