{"id":"nsw:act-1901-043","name":"Parliamentary Evidence Act 1901","slug":"parliamentary-evidence-act-1901","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"43 of 1901","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112149,"registerId":"nsw-act-1901-043-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Parliamentary Evidence Act 1901](/view/html/inforce/current/act-1901-043).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\n> > \n> > Assembly means the Legislative Assembly.\n> > \n> > Committee means a Committee of the Council or Assembly.\n> > \n> > Council means the Legislative Council.\n> > \n> > President means the President of the Council.\n> > \n> > Speaker means the Speaker of the Assembly.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2005 No 77, Sch 6.13 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Witnesses how summoned","content":"#### 4 Witnesses how summoned\n\n4 Witnesses how summoned\n\n> > (1) Any person not being a Member of the Council or Assembly may be summoned to attend and give evidence before the Council or Assembly by notice of the order of the Council or Assembly signed by the Clerk of the Parliaments or Clerk of the Assembly, as the case may be, and personally served upon such person.\n> \n> > (2) Any such person may be summoned to attend and give evidence before a committee by an order of such committee signed by the Chair thereof and served as aforesaid.\n> \n> **s 4:** Am 2007 No 27, Sch 1.35 \\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Members of Parliament","content":"#### 5 Members of Parliament\n\n5 Members of Parliament\n\n> The attendance of a Member of the Council or Assembly to give evidence before the Council or Assembly or a committee shall be procured in conformity (so far as practicable) with the mode of procedure observed in the British House of Commons.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Expenses of witnesses","content":"#### 6 Expenses of witnesses\n\n6 Expenses of witnesses\n\n> > (1) Every witness summoned as aforesaid shall be entitled to be paid at the time of service of such notice or order the witness’s reasonable expenses consequent upon the witness’s attendance in obedience thereto according to the witness’s condition or profession, to be calculated in accordance with the scale in force for the time being for the payment of witnesses in actions in the Supreme Court.\n> \n> > (2) The expenses of any witness summoned at the instance of a party shall be defrayed by such party; but if the witness be summoned for any public inquiry to be examined either by the Council or Assembly or by a committee, the witness’s expenses shall be paid by the Colonial Treasurer out of the Consolidated Revenue Fund on the receipt by the Treasurer of a written authority in that behalf signed by the Clerk of the Parliaments or Clerk of the Assembly or Chair of the Committee respectively, according to the nature of the summons.\n> \n> **s 6:** Am 2007 No 27, Sch 1.35 \\[2\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Non-attendance of witness to be certified to a Judge","content":"#### 7 Non-attendance of witness to be certified to a Judge\n\n7 Non-attendance of witness to be certified to a Judge\n\n> If any witness so summoned fails to attend and give evidence in obedience to such notice or order, the President or the Speaker, as the case may be, upon being satisfied of the failure of such witness so to attend and that the witness’s non-attendance is without just cause or reasonable excuse, may certify such facts under the President’s or the Speaker’s hand and seal to a Judge of the Supreme Court, according to the form in Schedule 2, or to the like effect.\n> \n> Editorial note—\n> \n> On 23 December 2025, the Court of Appeal of New South Wales in Cullen v President of the Legislative Council of New South Wales \\[2025\\] NSWCA 278 declared that sec 7 is invalid.\n> \n> **s 7:** Am 2001 No 56, Sch 3.4 \\[1\\].","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Issue of warrant","content":"#### 8 Issue of warrant\n\n8 Issue of warrant\n\n> Upon such certificate any Judge of the said Court shall issue a warrant in the form in Schedule 3, or to the like effect, for the apprehension of the person named in such certificate, for the purpose of bringing the person before the Council, Assembly, or Committee to give evidence.\n> \n> Editorial note—\n> \n> On 23 December 2025, the Court of Appeal of New South Wales in Cullen v President of the Legislative Council of New South Wales \\[2025\\] NSWCA 278 declared that sec 8 is invalid.\n> \n> **s 8:** Am 2001 No 56, Sch 3.4 \\[2\\].","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Warrant and order of President or Speaker to be sufficient authority for acts thereunder","content":"#### 9 Warrant and order of President or Speaker to be sufficient authority for acts thereunder\n\n9 Warrant and order of President or Speaker to be sufficient authority for acts thereunder\n\n> > (1) Such warrant shall be a sufficient authority for all persons acting thereunder to apprehend the person named in such warrant, and to retain the person in custody, to the intent that the person may from time to time be produced for the purpose of giving evidence, or be remanded and finally be discharged from custody, pursuant to any order under the hand and seal of the President or Speaker, as the case may be.\n> \n> > (2) Every such order shall be a sufficient warrant for all persons acting thereunder.\n> \n> Editorial note—\n> \n> On 23 December 2025, the Court of Appeal of New South Wales in Cullen v President of the Legislative Council of New South Wales \\[2025\\] NSWCA 278 declared that sec 9 is invalid.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Administration of oath","content":"#### 10 Administration of oath\n\n10 Administration of oath\n\n> > (1) Every witness attending to give evidence before the Council, Assembly, or a Committee of the Whole shall be sworn at the bar of the House; and the customary oath shall be administered by the Clerk of the Parliaments or Clerk of the Assembly, as the case may be (or in the Clerk’s absence by the officer acting for the Clerk).\n> \n> > (2) Every witness attending to give evidence before a Committee other than a Committee of the Whole shall be sworn by the Chair of such Committee.\n> \n> > (3) Provided that in any case where a witness, if examined before the Supreme Court, would be permitted to make a solemn declaration or to give evidence in any other way than upon oath, a witness summoned under this Act shall be in like manner allowed to give evidence upon declaration or otherwise, as aforesaid.\n> \n> **s 10:** Am 2007 No 27, Sch 1.35 \\[1\\].","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Penalty for refusal to answer","content":"#### 11 Penalty for refusal to answer\n\n11 Penalty for refusal to answer\n\n> > (1) Except as provided by section 127 (Religious confessions) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), if any witness refuses to answer any lawful question during the witness’s examination, the witness shall be deemed guilty of a contempt of Parliament, and may be forthwith committed for such offence into the custody of the usher of the black rod or serjeant-at-arms, and, if the House so order, to gaol, for any period not exceeding one calendar month, by warrant under the hand of the President or Speaker, as the case may be.\n> \n> > (2) Such warrant shall be a sufficient authority for all gaolers and other officers to hold the body of the person therein named for the term therein stated.\n> \n> > (3) No person acting under the authority of this section shall incur any liability, civil or criminal, for such act.\n> \n> **s 11:** Am 1986 No 16, Sch 23; 1995 No 27, Sch 1; 2009 No 56, Sch 2.41.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Privilege of witness","content":"#### 12 Privilege of witness\n\n12 Privilege of witness\n\n> > (1) No action shall be maintainable against any witness who has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by the witness while giving such evidence.\n> \n> > (2) This section operates in addition to, and not in derogation of, any defence available to any such witness under the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) for the publication of defamatory matter.\n> > \n> > Note.\n> > \n> > For example, section 27 (2) (a) (iii) of the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) provides that the publication of defamatory matter while giving evidence before a parliamentary body attracts the defence of absolute privilege in defamation proceedings. Section 4 of that Act defines a parliamentary body to include a parliament or legislature, a house of a parliament or legislature and committees of any such parliament, legislature or house.\n> \n> **s 12:** Am 2005 No 77, Sch 6.13 \\[2\\].\n> \n> **s 12, note:** Ins 2005 No 77, Sch 6.13 \\[2\\].","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Penalty for false evidence","content":"#### 13 Penalty for false evidence\n\n13 Penalty for false evidence\n\n> If any such witness wilfully makes any false statement, knowing the same to be false, the witness shall, whether such statement amounts to perjury or not, be liable to imprisonment for a term not exceeding five years.\n> \n> **s 13:** Am 1999 No 94, Sch 4.144.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Joint committees","content":"#### 14 Joint committees\n\n14 Joint committees\n\n> A reference in this Act to a committee shall extend to include a reference to a joint committee of the Council and the Assembly appointed either before or after the commencement of the [Parliamentary Evidence (Amendment) Act 1939](/view/pdf/asmade/act-1939-8).\n> \n> In the application of the provisions of this Act to and in respect of any such joint committee, such provisions shall be construed as if the joint committee were a committee of that House of the Parliament in which the proposal for the appointment of the joint committee originated.\n> \n> **s 14:** Ins 1939 No 8, sec 2.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule (Repealed)\n\n**First Sch:** Rep 2001 No 56, Sch 4.","sortOrder":15},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Certificate","content":"# Schedule 2 Certificate\n\nSchedule 2 Certificate\n\nSection 7\n\n**sch 2, hdg (previously Second Sch, heading):** Subst 2001 No 56, Sch 3.4 \\[3\\].\n\nForm of certificate\n\nTo His Honour/Her Honour\n\nIn the matter of the “[Parliamentary Evidence Act 1901](/view/html/inforce/current/act-1901-043),” and A.B. of\n\nTHIS is to certify to your Honour that it hath been made to appear to me that the said A.B. has been duly summoned to attend and give evidence before the pursuant to the “[Parliamentary Evidence Act 1901](/view/html/inforce/current/act-1901-043),” and that the said A.B. has failed to appear, and that his or her non-appearance is without just cause or reasonable excuse.\n\nGiven under my hand and seal at this day of in the year one thousand nine hundred and .\n\n|  | President of the Legislative Council |\n|  | or |\n|  | Speaker of the Legislative Assembly |\n|  | (as the case may be). |\n\n**sch 2 (previously Second Sch):** Am 1995 No 16, Sch 2.","sortOrder":16},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Warrant","content":"# Schedule 3 Warrant\n\nSchedule 3 Warrant\n\nSection 8\n\n**sch 3, hdg (previously Third Sch, heading):** Subst 2001 No 56, Sch 3.4 \\[4\\].\n\nForm of Judge’s warrant\n\n| In the Supreme Court of New South Wales. | } |\n\nIn the matter of the “[Parliamentary Evidence Act 1901](/view/html/inforce/current/act-1901-043),” and A.B. of\n\nTo the Sheriff of New South Wales, the Sheriff’s deputy and assistants, and to all constables and other His Majesty’s officers and ministers of the peace whom it may concern.\n\nWHEREAS it hath this day been certified under the hand of\\* that of has been duly summoned to attend and give evidence before the pursuant to the “[Parliamentary Evidence Act 1901](/view/html/inforce/current/act-1901-043),” but hath failed to appear.\n\nThis is to require you forthwith to apprehend the said and to detain him or her in custody for the purpose of being brought before to give evidence and there to obey all further orders under the hand of the\\* for his or her remand or for his or her final discharge from custody.\n\nGiven under my hand and seal at aforesaid this day of in the year one thousand nine hundred and\n\nA Judge of the Supreme Court of New South Wales.\n\n\\*President or Speaker (*as the case may be*)","sortOrder":17}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act originally provided a certificate-and-warrant enforcement route (ss7–9) enabling judicial warrants to secure attendance; editorial notes record that a 2025 Court of Appeal decision declared ss7–9 invalid, removing those enforcement mechanisms. Other amendments have updated definitions, payment rules for witnesses (s6), and procedural roles (s3, s4), so the practical scope of coercive powers and administrative responsibilities has been narrowed and reshaped from the Act’s earlier form."},"complexity_factors":["Cross-references to other statutes and evidentiary rules (e.g. Evidence Act 1995 s127 referenced in s11; Defamation Act 2005 interactions noted in s12) create interpretive dependencies.","Enforcement depends on discretionary certification by the President or Speaker to a Judge (s7) and judicial issuance of warrants (s8), concentrating decisive authority in office-holders and courts.","Contempt and custodial powers attach to parliamentary process (s11) and interact with criminal penalties for false evidence (s13), raising hybrid civil-criminal procedure issues.","Funding and cost-allocation for witness expenses vary by who summons the witness (party vs Colonial Treasurer for public inquiries) and require administrative authorisations (s6).","Oath and declaration options mirror Supreme Court practice but permit alternate modes of giving evidence depending on court practice (s10), creating procedural coordination tasks.","Extension to joint committees and construction rules for their operation add applicability complexity (s14).","Several provisions and schedules have been amended or repealed over time, so tracking current text requires attention to amendment history (various amendment notes).","Editorial notes record a Court of Appeal decision declaring ss7–9 invalid, which alters the Act’s enforcement scope and creates legal uncertainty regarding coercive mechanisms."],"plain_english_summary":"The *Parliamentary Evidence Act 1901* lets the Legislative Council, Assembly or their committees summon non‑members to attend and give evidence, sets oath/declaration rules, and grants witness protections and penalties for refusal or deliberate falsehood. It prescribes who pays witness expenses (the party that summoned them or the Colonial Treasurer for public inquiries — s6), allows contempt sanctions including custody for refusal to answer (s11) and imprisonment up to five years for wilful false statements (s13), and establishes defamation privilege for parliamentary evidence (s12); judicial warrant provisions appear at ss7–9."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The scope of the Act has effectively narrowed significantly from its original intent. The Act was designed to give Parliament robust powers to compel witnesses and enforce attendance at committee hearings. The Court of Appeal's December 2025 ruling that sections 7, 8 and 9 are invalid has gutted key enforcement mechanisms, meaning the Act no longer operates as broadly as originally intended. Proposed amendment bills suggest legislators themselves recognise the current scope is insufficient."},"complexity_factors":["Core provisions (sections 7, 8 and 9) have been judicially declared invalid, creating uncertainty about what law actually applies","The interaction between parliamentary privilege (the special legal protections Parliament has) and the courts is a constitutionally sensitive and complex area","The Act is over 120 years old, making its drafting style and terminology archaic and harder to interpret","Pending amendment bills add complexity as the law is in flux","The full text of the Act's provisions is not reproduced in this document, limiting complete analysis","The responsible ministers span two portfolios (Premier and Special Minister of State), suggesting cross-governmental complexity in administration"],"plain_english_summary":"The Parliamentary Evidence Act 1901 (NSW) sets rules for summoning witnesses and obtaining documents for NSW parliamentary committees, affecting ministers, public servants and members of the public who may be called to give evidence. \n\nIts practical force is now in doubt: the NSW Court of Appeal (Cullen v President of the Legislative Council, 23 Dec 2025) declared sections 7–9 invalid, weakening Parliament’s power to compel testimony and creating an oversight gap while proposed amendment bills seek to restore those powers."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating parliamentary evidence and witness procedures. While amended over time (notably adding joint committee provisions in 1939 and updating defamation protections in 2005), it has not expanded beyond its core function of governing how Parliament obtains and manages witness testimony."},"complexity_factors":["Short statute with only 14 operative sections plus 2 schedules","Minimal defined terms (only 6 definitions in section 3)","Straightforward procedural structure following logical sequence (summons → expenses → enforcement → oaths → penalties → protections)","Limited cross-referencing (only references to Evidence Act 1995 and Defamation Act 2005)","Simple conditional logic without nested exceptions","Recent constitutional invalidity of sections 7-9 adds interpretive complexity regarding current enforceability"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the rules for how the New South Wales Parliament (both the Legislative Council and Legislative Assembly) can **compel people to give evidence** before Parliament or its committees.\n\n**Key things it covers:**\n\n*   **Summoning witnesses:** Non-members can be formally ordered to attend and give evidence through a signed notice. Members of Parliament follow British House of Commons procedures instead.\n*   **Paying witnesses:** Witnesses get their reasonable expenses paid (calculated like Supreme Court witness fees). If it's a public inquiry, taxpayers foot the bill; if a private party summoned them, that party pays.\n*   **Enforcement (currently invalid):** Sections 7-9 allowed the President or Speaker to certify a witness's failure to attend to a Supreme Court Judge, who could then issue an arrest warrant. **However, the Court of Appeal declared these sections invalid in December 2025**, meaning Parliament currently cannot enforce attendance through the courts this way.\n*   **Oaths:** Witnesses must swear an oath (or make a solemn declaration if they have a religious objection) before giving evidence.\n*   **Penalties:**\n    *   Refusing to answer lawful questions can result in up to one month in prison for contempt of Parliament (though religious confessions are protected).\n    *   Lying under oath can result in up to 5 years imprisonment.\n*   **Protection:** Witnesses have **absolute privilege** (complete legal protection) against being sued for defamation for anything they say while giving evidence.\n*   **Joint committees:** The rules also apply to committees with members from both houses.\n\n**Who it affects:** Anyone summoned to give evidence before NSW Parliament or its committees; the Clerks of the Parliaments and Assembly; the President and Speaker; Supreme Court Judges; and parliamentary staff like the Usher of the Black Rod.\n\n**Why it matters:** This law underpins Parliament's ability to investigate matters of public importance by hearing from witnesses. However, the recent court decision striking down the enforcement mechanism creates a significant gap—Parliament may need to find new ways to ensure witnesses attend, or rely on its inherent powers of contempt."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-evidence-act-1901","history":"/api/acts/parliamentary-evidence-act-1901/history","analysis":"/api/acts/parliamentary-evidence-act-1901/analysis","conflicts":"/api/acts/parliamentary-evidence-act-1901/conflicts","importantCases":"/api/acts/parliamentary-evidence-act-1901/important-cases","documents":"/api/acts/parliamentary-evidence-act-1901/documents"}}