{"id":"parliamentary-papers-act-1891","name":"Parliamentary Papers Act 1891","slug":"parliamentary-papers-act-1891","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105956,"registerId":"wa-parliamentary-papers-act-1891-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Papers Act 1891","content":"![Crest]()Western Australia\n\nParliamentary Papers Act 1891\n\nWestern Australia\n\nParliamentary Papers Act 1891\n\nContents\n\n1. Proceedings against persons for publication of papers printed by order of the Legislative Council or Assembly to be stayed 1\n\n2. Proceedings to be stayed when commenced in respect of publication of copy of authenticated report, etc. 2\n\n3. In proceeding for printing any extract or abstract, may be shown that such publication was *bona fide* 3\n\n3A. Protection concerning speeches in Parliament 3\n\n4. Proof of Acts, reports, votes and proceedings, etc. 4\n\n6. Short title 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nParliamentary Papers Act 1891\n\nAn Act to give protection to persons employed in the printing and publication of papers by order or authority of the Legislative Council or Legislative Assembly or a Committee thereof respectively, and to facilitate the proof of Acts of Parliament and Parliamentary Papers.\n\n**Preamble**\n\nWhereas it is essential to the due and effectual exercise and discharge of the functions and duties of the Legislature that no obstructions or impediments should exist to the publication of such of the reports, papers, votes, and proceedings of the Legislative Council and Assembly as the said Council or Assembly may deem fit or necessary to be published; and whereas obstructions or impediments to such publication may hereafter arise by means of civil or criminal proceedings being taken against persons employed by or acting under the authority of the said Council or Assembly in the publication of such reports, papers, votes or proceedings by reason and for remedy whereof it is expedient that protection should be afforded to all persons acting under the authority aforesaid: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —\n\n##### 1. Proceedings against persons for publication of papers printed by order of the Legislative Council or Assembly to be stayed\n\nIt shall and may be lawful for any person or persons who shall be a defendant or defendants in any civil proceeding commenced in any manner so ever for or on account or in respect of the publication of any report, paper, votes or proceedings of the Legislative Council or Legislative Assembly by such person or persons, or by his, her, or their servant or servants, by or under the authority of the Legislative Council or Assembly of the said Colony to bring before the Court in which such proceeding shall have been, or shall be so commenced, or before any Judge of the same, first giving 24 hours’ notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate under the hand of the President or Speaker of the said Legislative Council or Assembly, or of the Clerk of the said Council or Assembly, stating that the report, paper, votes or proceedings, as the case may be, in respect whereof such civil proceedings shall have been commenced was published by such person or persons, or by his, her, or their servants, by order, or under the authority of the said Council or Assembly, or a Committee thereof, together with an affidavit verifying such certificate.\n\nAnd such Court or Judge shall thereupon immediately stay such civil proceeding, and the same and every writ or process issued therein shall be and shall be deemed and taken to be finally put an end to, determined, and superseded by virtue of this Act.\n\n[Section 1 amended: 1 and 2 Edwardi VII. No. 14 s. 3(2).]\n\n##### 2. Proceedings to be stayed when commenced in respect of publication of copy of authenticated report, etc.\n\nIn case of any civil proceeding to be commenced for or on account or in respect of the publication of any copy of such report, paper, votes or proceedings, it shall be lawful for the defendant or defendants at any stage of the proceedings to lay before the Court or Judge such report, paper, votes or proceedings, and such copy with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy.\n\nAnd the Court or Judge shall immediately stay such civil proceedings, and the same and every writ of process issued therein shall be, and shall be deemed and taken to be finally put an end to, determined, and superseded by virtue of this Act.\n\n[Section 2 amended: 1 and 2 Edwardi VII. No. 14 s. 3(2).]\n\n##### 3. In proceeding for printing any extract or abstract, may be shown that such publication was *bona fide*\n\nIt shall be lawful, in any civil proceeding to be commenced for printing any extract from or abstract of such report, paper, votes or proceedings, to give in evidence such report, paper, votes or proceedings, and to show that such extract or abstract was published *bona fide* and without malice.\n\nAnd if such shall be the opinion of the jury, a verdict of ‘not guilty’ shall be entered for the defendant or defendants.\n\n[Section 3 amended: 1 and 2 Edwardi VII. No. 14 s. 3(2).]\n\n##### 3A. Protection concerning speeches in Parliament\n\n(1) A person to whom this section applies does not incur any civil liability as for defamation by the publication, upon the written request of a member of either House of Parliament, of any defamatory matter in a copy in writing of a speech, or extract from a speech, made in Parliament by that member.\n\n(2) For the purposes of subsection (1), a copy in writing of a speech, or extract from a speech, made in Parliament by a member of either House of Parliament shall be taken to include any material not attributed to that member but included in the official report of his speech in Parliamentary Debates (Hansard).\n\n(3) This section applies to —\n\n(a) a person employed as a member of the Parliamentary Reporting Staff;\n\n(b) an employee of Parliament;\n\n(c) the Government Printer; and\n\n(d) a person employed in the Government Printing Office 3.\n\n[Section 3A inserted: No. 46 of 1985 s. 2.]\n\n##### 4. Proof of Acts, reports, votes and proceedings, etc.\n\nA copy of any Ordinance or Act of the Legislature now in force or hereafter to be passed, and of any report, or paper, or votes and proceedings of the Legislative Council or Legislative Assembly or of any Committee thereof respectively, purporting to be printed by the Government Printer or by the authority of either House or of a Committee of either House, shall be received in evidence in all cases whatever without proof of its being such copy, and it shall not be necessary in any case to prove that such copy was printed by such authority.\n\n[**5.** Deleted: 1 and 2 Edwardi VII. No. 14 s. 3(2).]\n\n##### 6. Short title\n\nThis Act may be cited as the *Parliamentary Papers Act 1891* 1.\n\n[Section 6 inserted: No. 81 of 1966 s. 2.]\n\nNotes\n\n1 This reprint is a compilation as at 14 November 2003 of the *Parliamentary Papers Act 1891* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| Untitled Act 2 | 54 Vict.   No. 3 1891 | 26 Feb 1891 | 26 Feb 1891 |\n| *Criminal Code Act 1902* s. 3(2) | 1 and 2 Edw. VII No. 14 | 19 Feb 1902 | 1 May 1902 (see s. 2) |\n| *Statute Law Revision (Short Titles) Act 1966* s. 2 | 81 of 1966 | 12 Dec 1966 | 12 Dec 1966 |\n| *Parliamentary Papers Amendment Act 1985* | 46 of 1985 | 17 Sep 1985 | 15 Oct 1985 |\n| **Reprint of the *Parliamentary Papers Act 1891* as at 8 Aug 1986** (includes amendments listed above) | | | |\n| **Reprint 2: The *Parliamentary Papers Act 1891* as at 14 Nov 2003** (includes amendments listed above) | | | |\n\n\n2 Now known as the *Parliamentary Papers Act 1891*; short title inserted (see note under s. 6).\n\n3 Now known as the State Law Publisher.\n","sortOrder":0}],"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":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original 1891 purpose: protecting parliamentary publishers from legal action and facilitating proof of parliamentary records. The only substantive addition (s. 3A in 1985) extended protection to Hansard reporters for defamation, which is a logical extension of the original protective purpose rather than scope creep. No expansion into unrelated areas."},"complexity_factors":["Only 6 sections (one deleted), with one modern addition (s. 3A in 1985)","Minimal defined terms (only 'bona fide' used as Latin term, explained in context)","No cross-references to other legislation except historical amendment notes","Straightforward procedural mechanism: produce certificate → proceedings stayed","Victorian-era drafting style uses archaic phrasing ('It shall and may be lawful', 'servant or servants') but meaning remains clear","Single conditional defence in s. 3 requiring jury finding of good faith"],"plain_english_summary":"This Western Australian law protects people who print and publish parliamentary documents from being sued. Here's what it does:\n\n**Main protections:**\n- **Stops lawsuits before they start**: If someone sues you for publishing parliamentary papers (reports, votes, proceedings) that were printed by order of Parliament, you can show the court a certificate from the President of the Legislative Council or the Speaker of the Legislative Assembly. The court must then immediately stop the lawsuit dead in its tracks.\n- **Covers copies too**: The same protection applies if you're sued for publishing a copy of parliamentary papers, as long as you can prove the copy is accurate.\n- **Protects extracts and summaries**: If you're sued for publishing an extract or summary, you can defend yourself by proving you acted *bona fide* (in good faith) and without malice (spiteful intent). If the jury agrees, you win.\n- **Protects Hansard reporters**: Parliamentary reporters, Parliament employees, the Government Printer, and their staff can't be sued for defamation (publishing harmful false statements) when they publish written copies of parliamentary speeches at a member's request. This includes material in the official Hansard record even if not directly attributed to the speaking member.\n\n**Making parliamentary records official:**\n- Copies of laws (Acts) and parliamentary papers printed by the Government Printer (now called the State Law Publisher) are automatically accepted as genuine evidence in court. You don't need to prove they're authentic.\n\n**Why this matters:**\nThis law ensures Parliament can operate transparently. Without it, people might be too scared to print parliamentary debates or reports for fear of being sued for defamation or libel. It keeps the wheels of democracy turning by protecting the messengers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s protective scope has been expanded and clarified since enactment. In particular, section 3A (inserted 1985) adds protection for publication of MPs’ speeches on a member’s written request and expressly names categories of protected persons (parliamentary reporting staff, Parliament employees, the Government Printer and Government Printing Office employees). A previously numbered provision was deleted (s5). Core mechanics (stays, affidavits, self‑authentication) endure but the named coverage has broadened (s3A; notes)."},"complexity_factors":["Automatic court stay and final termination on production of an official certificate or authenticated copy — requires strict procedural compliance (ss 1–2).","Certificate and affidavit evidentiary requirement concentrates decision power in Parliament officers (President/Speaker or Clerk) to trigger the stay (s1).","Bona fide/malice defence for extracts requires factual assessment (jury opinion) of publisher state of mind and may entail contested factual trials (s3).","Targeted protection for speeches on written request and a limited list of covered persons narrows scope but creates bright‑line categories that must be established by claimants/defendants (s3A).","Self‑authentication rule simplifies proof of official prints for courts, reducing evidentiary burdens on defendants and plaintiffs (s4).","Historical amendments and deletions (insertion of s3A; deletion of s5) mean the Act has been layered over time, which can complicate interpretation of original language (Compilation notes)."],"plain_english_summary":"This Act lets people who publish reports, papers, votes or proceedings under the authority of Western Australia’s Legislative Council or Assembly stop civil lawsuits by producing an official certificate or an authenticated copy with affidavit; courts must immediately stay and finally end such proceedings (ss 1–2). It also allows a bona fide, non‑malicious defence for extracts (s3), protects publication of MPs’ speeches on written request for specified staff (s3A), and treats official parliamentary prints as self‑authenticating evidence (s4)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed as the legislative text was not available for analysis. The page returned an error message rather than the content of the Act."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not found' error","Cannot assess actual complexity without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe text of the **Parliamentary Papers Act 1891 (WA)** could not be retrieved. The page hosting this legislation has been moved or removed as part of a website upgrade by the Western Australian government.\n\n**What we know from context:**\n- This is a **Western Australian law** dating from 1891\n- Parliamentary Papers Acts generally protect members of parliament, parliamentary staff, and publishers from legal liability (such as defamation lawsuits) when they publish or reproduce official parliamentary documents\n- They typically mean that if you republish an official parliamentary paper, you can use that publication as a legal defence if someone tries to sue you\n\n**To access the actual legislation**, visit the [Western Australian Parliamentary Counsel's Office website](https://www.legislation.wa.gov.au) and search for the Act directly."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-papers-act-1891","history":"/api/acts/parliamentary-papers-act-1891/history","analysis":"/api/acts/parliamentary-papers-act-1891/analysis","conflicts":"/api/acts/parliamentary-papers-act-1891/conflicts","importantCases":"/api/acts/parliamentary-papers-act-1891/important-cases","documents":"/api/acts/parliamentary-papers-act-1891/documents"}}