Constitution Section 105 — Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
Part V — THE UNION — Disqualifications of Members
Constitutional
Summary
Members of Parliament can speak freely in Parliament, as long as they follow the Constitution and Parliament’s own rules. No court case can be brought against a member for anything they say or any vote they give in Parliament or its committees. This protection also applies to official reports and papers published by or on the authority of either House of Parliament. The specific powers and privileges of each House, its members, and its committees are to be decided by Parliament through law, and until then, they remain the same as they were just before the 44th Amendment came into effect in 1978. These protections also apply to anyone else who has the right to speak or take part in Parliament’s proceedings under the Constitution.
Official Text
(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and,until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978..
(4) The provisions of clauses (1),
(2) and
(3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.