Everything about Contempt Of Parliament totally explained
In many
jurisdictions governed by a
parliament,
Contempt of Parliament is the
crime of obstructing the parliament in the carrying out of its functions, or of hindering any
Member of Parliament in the performance of his or her duties.
Actions which can constitute a contempt of Parliament may vary, but typically include such things as:
In some jurisdictions, a House of Parliament may declare any act to constitute contempt, and this isn't subject to judicial review. In others, contempt of Parliament is defined by
statute; while Parliament makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the
courts.
Examples of Contempt of Parliament
Australia
In the
Commonwealth of Australia, the
Parliamentary Privileges Act 1987 defines contempt of Parliament as follows:
Conduct (including the use of words)...[which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.
Contempt decisions by the
House of Representatives or the
Senate are thus subject to review by the Federal Courts.
Punishments are limited under the Act to (for individuals) a
fine of $5,000 and/or six months' imprisonment, or (for corporations) a fine of $25,000.
In the Senate, allegations of contempt are heard by the Privileges Committee, which decides whether or not a contempt was committed, and if so, what punishment is to be imposed. In practice, there have been very few times when a hearing determined that anyone was in contempt, and on no occasions has anyone been punished beyond a warning, with an apology and/or appropriate remedial action.
Further Information
Get more info on 'Contempt Of Parliament'.
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