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ARTICLE · 27 JUNE 2023

What is parliamentary privilege in Australia?

Each House of Parliament, its committees and members has the ability to speak freely without fear of prosecution.

AustraliaGovernment, Public Sector

Independent Senator Lidia Thorpe recently made allegations of harassment and sexual assault against Liberal Senator David Van during a parliamentary debate.

Although two other women has since also accused Senator Van of sexual misconduct, Ms Thorpe's statement that she will not make a formal complaint to police or otherwise pursue the matter outside parliament means Mr Van will not have the opportunity to meet the allegations in a court of law; a situation which has the potential to undermine due process as well as the presumption of innocence.

Indeed, statements made by politicians in parliament are protected by ‘parliamentary privilege‘ – a unique protection against adverse legal consequences over statements made in the Houses of Parliament.

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