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Parliamentary privilege and seizure of documents by ICAC No. 2

This report should be read in the context of the Committee’s December 2003 report entitled Parliamentary privilege and seizure of documents by ICAC (Report 25). That report addresses important questions concerning the powers of investigative bodies such as the ICAC to seize documents under search warrant in the light of the rights and immunities conferred by parliamentary privilege, and in particular Article 9 of the Bill of Rights 1689.

The Committee’s report found that privileged documents are immune from seizure and recommended procedures to be adopted for resolution of the matter at hand. Following the tabling of that report, the Legislative Council adopted procedures for the determination of which of the documents seized by ICAC fall within the scope of proceedings in Parliament. The documents were consequently examined and dealt with in accordance with the resolution of the House. This report deals with a dispute which has arisen as to the status of a small number of those documents.

Resolution passed 25 February 2004, Minutes No. 40, Item 10, p. 544

  1. That the documents from the Independent Commission Against Corruption and Mr Breen relating to the disputed claim of privilege on certain documents seized from the parliamentary office of Mr Breen, tabled by the President on 24 February 2004, be referred to the Privileges Committee for inquiry and report.
  2. That for the purposes of its inquiry the Committee have access to the privileged material in the custody of the Clerk.
  3. That the Committee recommend to the House which of the disputed material falls within the scope of proceedings in Parliament, according to the resolution of the House of 4 December 2003.

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The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.