COMMITTEES

The SPEAKER (16:10): Yesterday, the honourable member for Clark raised a matter of privilege in connection with a subpoena served on him recently, which was issued by the Federal Court of Australia in an action brought by Mr Alan Phillip Wykes against Mr Geoffrey Robert Swan. The member has expressed concern that the subpoena is very broad and orders the production of a range of documents which might relate to matters the member has raised, or will raise, in the House as part of his parliamentary duties.

It is on this basis that the member for Clark objects to communications between his office and Mr Swan being obtained by the applicant, Mr Wykes. The member for Clark also raised that a subpoena of this nature could affect the extent to which members of the public will feel confident in providing material to members to inform their parliamentary work. The member for Clark has therefore asked that the matter be referred to the Committee of Privileges and Members' Interests to consider whether the subpoena raises issues of privilege or contempt, such that the House should intervene in the court proceedings.

Section 16 of the Parliamentary Privileges Act provides protections for 'proceedings in Parliament' which means 'all words spoken and acts done in the course of, or for the purposes of or incidental to, the transacting of the business of' the House. In the present case, the member for Clark has not presented detailed information which might lead me to be satisfied that there is prima facie evidence of a contempt or a breach of privilege.

Nevertheless, I am willing to give precedence to a motion for a matter concerning privilege or contempt, in relation to the circumstances raised by the member, to be referred to the Committee of Privileges and Members' Interests. Should the House agree to such a referral, it will then be a matter for the committee to consider the issues and recommend any further action to the House.