Senator and former broadcaster Derryn Hinch will push to remove restrictions on photography in the Upper House, as the head of the Press Gallery committee says there are grounds for a High Court challenge.

Photographers have been allowed to freely take pictures in the House of Representatives chamber since 1997.

In the Senate, heavy restrictions still apply to photographers, who can only take pictures of Senators when they have the call, or during special events.

This is despite the Senate and the House of Representatives both being broadcast on live television.

Senator Hinch said the public and the media have a right to see what is happening on both sides of Parliament.

"If you get caught nibbling your ear wax, or counting your money or dozing: Tough," the Justice Party Senator said in a statement.

"We are here to represent the public, and we are paid a lot of money to do it.

"It is absurd that the media can't effectively show the public exactly what we are up to."

Restrictions could be unconstitutional: Fairfax photographer

Senator Hinch said he would lodge a Notice of Motion seeking to change the rules once Parliament returns next week.

In a statement, the head of the Press Gallery committee Fairfax Media photographer Andrew Meares said the restrictions in the Senate could be unconstitutional.

"The Federal Press Gallery has commissioned advice from Professor George Williams AO Dean of Law UNSW on the constitutional validity of media regulation in the Australian Senate," he said.

"We understand there may be grounds to take the matter to the High Court if necessary."

Mr Meares said the House of Representatives had previously ruled that public scrutiny was an essential part of Parliamentary accountability, and the same should apply to the Senate.

"The Press Gallery is concerned that through censorship of Parliamentary proceedings the public is unable to exercise a free and informed choice as electors," he said.

"We wish to test the powers Senators are using to distort how they reported to the public when at work in the Senate Chamber."

Mr Meares said the Press Gallery Committee would continue to negotiate with the Senate on the issue.

Manager of Government Business in the Senate Mitch Fifield had previously expressed support to relax the rules governing photography in the Upper House.

The exact wording of the photography rules in the Upper House can only be changed with the agreement of the Senate.

More to come.