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Contempt of the Senate and remedies for contempt



When the actions of a witness or another person influencing a witness have the effect of obstructing the inquiries of a Senate committee (or future inquiries), those actions may be treated as contempts. Examples of such offences include:

• Refusing without reasonable excuse to answer a question;
• Giving false or misleading evidence;
• Failing to attend or to produce documents when required to do so;
• Intimidation of a witness;
• Adverse treatment of a witness;
• Wilfully disturbing a committee while it is meeting.

The Parliamentary Privileges Act 1987 provides that a House of Parliament may impose terms of imprisonment or substantial fines for individuals and corporations as a penalty for contempt. To date the Senate has not had occasion to use either of these penalties, preferring an educative and preventative approach. The Senate has accepted apologies and remedial action, and has encouraged government officials in particular to attend training courses on the rights and obligations of witnesses before parliamentary committees.

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Hopefully they may still show, but not at the moment.

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