The Bill of Rights is preserved in New South Wales by the Imperial Act Application Act, 1969.
Article 9 provides: "That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament."
Absent an express legislative provision exempting meetings of a committee when Parliament is not sitting, Article 9 surely applies.
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[Words in italics were added at 9:13 a.m. on 31 December, 2010.]
If the hearings are not protected by parliamentary privilege, the Rev. Fred Nile asks who would sue.
" Is it seriously suggested the Premier would sue for defamation?" he asked during an interview with Radio 2GB on 29 December.
Premier's slender reeds
in the meantime, the President of the Council , Amanda Fazio, is said to be “doubtful, and wants more advice.”
As the Herald points out, she could deny staff and resources to the inquiry, if she decides it exposes the Parliament to legal risk.
Ms. Fazio has been suspended from the Labor Party for voting aginst the party line “in a vote on porn shops."
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“To such slender reeds does Keneally cling,” concludes the Herald.
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About the Author
David Flint is a former chairman of the Australian Press Council and the Australian Broadcasting Authority, is author of The Twilight of the Elites, and Malice in Media Land, published by Freedom Publishing. His latest monograph is Her Majesty at 80: Impeccable Service in an Indispensable Office, Australians for Constitutional Monarchy, Sydney, 2006