› Article 9 Bill of Rights 1688 — meaning of 'impeached or questioned' — scope of protection
Constitutional Law
› Parliamentary Privilege
› Proceedings in Parliament — briefing notes prepared for parliamentary committee — whether disclosure infringes privilege
Administrative Law
› Freedom of Information
› Construction of exemption provisions — public disclosure — competing public interests
Quick Take
1Public disclosure pursuant to the FOI Act of documents prepared for the purpose of parliamentary proceedings does not result in freedom of speech, debates or proceedings in Parliament being 'impeached or questioned in any court or place out of Parliament' within the meaning of Article 9 of the Bill of Rights 1688; Article 9 is concerned with the use of parliamentary materials in adjudicative settings involving determinations of liability, veracity or propriety, not with their mere disclosure.
2Even if public disclosure might tend to discourage candour or completeness in the preparation of briefing documents, or inhibit a person's preparedness to participate fully in parliamentary proceedings, that indirect chilling effect does not constitute 'impeaching' parliamentary proceedings in a 'place out of Parliament' in the requisite sense.
3The expressions 'impeached or questioned' and 'court or place out of Parliament' in Article 9 should be construed as a composite concept; 'place' takes its genus from 'court' so as to encompass bodies with adjudicative functions, and 'impeach' connotes exposure to liability or adverse findings rather than the broader meaning of 'hinder' or 'impair' adopted in [name withheld] v [name withheld]. Whether [name withheld] v [name withheld] is plainly wrong was left open, as it was distinguishable on its facts.
