NBN document leak: Labor claims parliamentary privilege on documents obtained by AFP

Updated

The Federal Opposition has formally claimed parliamentary privilege on documents at the centre of a police investigation into leaks within NBN Co.

In letters sent to the Australian Federal Police (AFP), as well as the clerks of the Senate and the House of Representatives, Labor said it will seek a ruling from both houses of Parliament on the issue.

The letters have been written by Labor frontbencher Jason Clare, who used to be the shadow communications minister and Stephen Conroy, former minister for communications under the Gillard government.

It follows a search warrant executed by the AFP in Parliament House on Wednesday over the leaking of sensitive commercial information from within NBN Co.

Documents obtained by the police have been sent to the clerk of the Senate and the clerk of the House, sealed away until Parliament decides on whether the evidence is covered under parliamentary privilege.

The issue is expected to be raised in Parliament on Wednesday.

In a letter to the AFP Commissioner Andrew Colvin, Senator Conroy said he was seeking a ruling from Parliament about the fate of the seized documents.

"Consistent with the guideline, I expect the seized material to remain in the clerk's possession until the Senate rules on my privilege claim," the letter read.

"Note that the scope of my claim of parliamentary privilege extends to all words spoken, and acts done, in the course of, or for purposes of, or incidental to, parliamentary proceedings."

If successful, the information obtained by police but deemed to be covered under parliamentary privilege would be inadmissible in court proceedings.

The Federal Opposition has accused the Government and the board of NBN Co of using the police investigation to intimidate whistleblowers, a claim the Coalition denies.

It follows police raids in Melbourne held during the federal election campaign.

Glossary

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Parliamentary privilege

Parliamentary privilege refers to

According to AFP guidelines, "parliamentary privilege applies to any document or other thing which falls within the concept of 'proceedings of parliament'". That includes "documents sent to a senator, which the senator then determined to use".

NBN Co

NBN Co is a Government-owned corporation, charged with constructing the National Broadband Network. The company's constitution states "the company's objects are to roll-out, operate and maintain a national wholesale broadband network while working closely with the Commonwealth during the implementation study in order to facilitate the implementation of Australian Government broadband policy and regulation".

Whistleblowers

There is no global definition of whistleblowing, but a 1994 Senate Select Committee described it as “the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices under the control of their employers to persons that may be able to effect action".

Another definition describes a whistleblower as a person with insider information of misconduct who makes a decision to report or disclose that information. They are different from a customer, members of the public, or others who have evidence of and report organisational misconduct. Parliamentary privilege refers to special legal rights and immunities which apply to each House of the Parliament, its committees and Members. These provisions are part of the law of the Commonwealth.According to AFP guidelines, "parliamentary privilege applies to any document or other thing which falls within the concept of 'proceedings of parliament'". That includes "documents sent to a senator, which the senator then determined to use".NBN Co is a Government-owned corporation, charged with constructing the National Broadband Network. The company's constitution states "the company's objects are to roll-out, operate and maintain a national wholesale broadband network while working closely with the Commonwealth during the implementation study in order to facilitate the implementation of Australian Government broadband policy and regulation".There is no global definition of whistleblowing, but a 1994 Senate Select Committee described it as “the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices under the control of their employers to persons that may be able to effect action".Another definition describes a whistleblower as a person with insider information of misconduct who makes a decision to report or disclose that information. They are different from a customer, members of the public, or others who have evidence of and report organisational misconduct.

Topics: federal-government, federal-parliament, police, alp, australia

First posted