(Committees - Reports, 21 June 2023, Legislative Assembly, NSW Parliament)

 As Chair: I speak to report No. 1/58 of the Legislative Assembly Standing Committee on Parliamentary Privilege and Ethics entitledMatters relating to the position of a Member suspended from the service of the House and subsequently re-elected, which is, indeed, the first committee report for the new Parliament. The report concerns matters relating to the position of a member suspended from the service of the House and subsequently re-elected, consistent with a referral made to the committee by the House on 10 May 2023. The referral from the House specifically required the committee to inquire into and report on matters relating to the position of a member who:

a. has been suspended from the service of the house until the verdict of the jury has been returned on criminal charges laid against him or her; and

b. is subsequently re-elected to the next Parliament prior to any such jury verdict having been returned, or the proceedings having concluded.

The referral from the House further provided that the matters for inquiry should cover:

a. whether consideration should be given to taking action against a member suspended in such circumstances;

b if so, the scope of action that should be considered; and

c any other related matters.

Given the significance of the issues raised, the committee resolved to obtain independent legal advice and has benefited from the expert opinion of Mr Stephen Free, SC, Mr Brendan Lim of counsel and Mr Jackson Wherret of counsel. I thank those individuals and their instructing solicitor, Mr Mark Smyth, for sharing their knowledge and expertise with the committee.

After a thorough inquiry process and careful deliberation, the committee was able to reach unanimous conclusions concerning the matters of the inquiry. Consistent with the committee's jurisdiction and the terms of reference for the inquiry, the report provides some guidance as to whether consideration should be given to taking action against a member in the circumstances in question, as well as matters that may be relevant to such decision‑making. However, the committee identified that it is a matter for the House itself to determine whether to exercise its power in any given case, including the power to suspend.

The committee's report went on to detail how the suspension of a member could potentially have serious and negative consequences for the House, a member's constituents, victims of any alleged crimes and the presumption of innocence of a member. In the circumstances, the committee recommended that the House seriously consider those factors before using Standing Order 255 to suspend a member. Further, the committee noted that Standing Order 255, which relates to the suspension of a member who has a criminal trial pending, requires strict and deliberate thresholds to be met before it is used. Having regard to the need for careful and thorough deliberation on matters of such gravity, the committee also recommended that, should the use of Standing Order 255 be contemplated in future, the House should refer the matter to the committee for prior consideration and that the standing orders and the resolution establishing the committee be amended to this end.

In closing, I thank my fellow committee members for their valuable contributions throughout the inquiry process. The time lines for the committee to report were tight and could not have been achieved without the dedicated and collegiate approach displayed by all members. I thank the Clerk of the Legislative Assembly, Ms Helen Minnican; the Deputy Clerk, Ms Carly Maxwell; and the committee secretariat for their professionalism and support in the conduct of the inquiry. It is an important committee report and inquiry. We set some clear thresholds for the consideration of the usage of Standing Order 255. I thank the Government for referring the matter to the Standing Committee on Parliamentary Privilege and Ethics. I commend the report to the House.

Report noted.

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