SHY got Gillarded

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Re: SHY got Gillarded

Postby Auggie » 08 Nov 2018, 20:10

Aussie wrote:
Auggie wrote:
Aussie wrote:
Auggie wrote:
Aussie wrote:She is not suing him for what he said in Parliament.


I believe she is suing him for defamation.

Is this incorrect?


Yes.....it is for defamation.....but not because of what he said in Parliament. It is based on what he said outside Parliament.


His comments outside of Parliament related to what was said in Parliament. He was merely elaborating on what had transpired in the course of Parliament.


Yes.....and that is where he made himself vulnerable to being sued. He is not even claiming privilege as a defence.


Mmm, ok. You make a good point here. I will cede to this point.
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Re: SHY got Gillarded

Postby johnsmith » 08 Nov 2018, 20:14

Auggie wrote:
johnsmith wrote:
Auggie wrote:According to whom? To you?


you show me the law that grants MP's free speech and I'll cede to your point.


https://www.aph.gov.au/About_Parliament ... _Privilege

Immunities of the houses
The principal parliamentary immunity is the immunity from civil or criminal action, and examination in legal proceedings, of members of the houses and of witnesses and others taking part in proceedings in Parliament. This immunity is known as the right of freedom of speech in Parliament, because it has the effect of ensuring that members, witnesses and others cannot be sued or prosecuted for anything they say or do in the course of parliamentary proceedings. This freedom of speech has always been regarded as essential to allow the houses to debate and inquire into matters without fear of interference.

Freedom of speech was codified in the Parliamentary Privileges Act 1987 (hereafter the 1987 Act). The Act declares the scope of freedom of speech in parliamentary proceedings. ‘Proceedings’ are defined in subsection 16(2) of the Act as:

... all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of a House or of a committee, and, without limiting the generality of the foregoing, includes:

(a) the giving of evidence before a House or a committee, and evidence so given;

(b) the presentation or submission of a document to a House or a committee;

(c) the preparation of a document for purposes of or incidental to the transacting of any such business; and

(d) the formulation, making or publication of a document, including a report, by or pursuant to an order of a House or a committee and the document so formulated, made or published.

The meaning of ‘impeached or questioned’ is also defined. It is not lawful in any court or tribunal to question the truth, motive, good faith, or intention of any person by reference to parliamentary proceedings, or to draw any inferences or conclusions from those proceedings.

This does not prevent the use of proceedings of Parliament in court to establish a material fact, for example, to prove that a person was at a particular place at a particular time, to test the fairness and accuracy of a press report of parliamentary proceedings, or to prosecute certain offences against Parliament.


not quite Auggie. That sets limits on their free speech. Therefore, not free. Try again
FD.
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