{"id":"nsw:act-1975-049","name":"Parliamentary Papers (Supplementary Provisions) Act 1975","slug":"parliamentary-papers-supplementary-provisions-act-1975","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"49 of 1975","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110166,"registerId":"nsw-act-1975-049-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 Papers (Supplementary Provisions) Act 1975](/view/html/inforce/current/act-1975-049).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act shall be deemed to have commenced on 1 July 1974.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Committee means a committee of both Houses or either House.\n> > \n> > House means House of Parliament.\n> > \n> > joint sitting means—\n> > \n> > > (a) a joint sitting of the Members of the Legislative Council and the Members of the Legislative Assembly convened under section 5B (1) or 22D (1) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), or\n> > \n> > > (b) the Houses sitting and voting together under section 15 of the Commonwealth of Australia Constitution Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1978 No 82, sec 2; 2005 No 77, Sch 6.14 \\[1\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Publication of Parliamentary papers","content":"#### 4 Publication of Parliamentary papers\n\n4 Publication of Parliamentary papers\n\n> > (1) Either House or a joint sitting may authorise the publication of a document laid before it.\n> \n> > (2) A Committee may authorise the publication of a document received by it or evidence given before it.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Authority to publish","content":"#### 5 Authority to publish\n\n5 Authority to publish\n\n> > (1) When either House, a joint sitting or a Committee orders a document or evidence to be published, a relevant person may publish the document or evidence unless the contrary intention appears in the order.\n> \n> > (2) A relevant person is authorised to publish the reports of the debates and proceedings in each House and of a joint sitting.\n> \n> > (3) In this section—\n> > \n> > publish includes print.\n> > \n> > relevant person means the following—\n> > \n> > > (a) the Clerk of the Parliaments and Clerk of the Legislative Council,\n> > \n> > > (b) the Deputy Clerk of the Legislative Council,\n> > \n> > > (c) the Clerk of the Legislative Assembly,\n> > \n> > > (d) the Deputy Clerk of the Legislative Assembly.\n> \n> **s 5:** Am 2024 No 82, Sch 3.7\\[1\\]–\\[4\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Defence to proceedings brought in respect of publication of Parliamentary papers","content":"#### 6 Defence to proceedings brought in respect of publication of Parliamentary papers\n\n6 Defence to proceedings brought in respect of publication of Parliamentary papers\n\n> Subject to section 7, it is a defence to any action or proceeding, civil or criminal, brought in respect of the publication of any document or any copy thereof or any evidence if it is proved that the publication of the document, the document from which the copy was made or the evidence, as the case may be, was authorised under section 4 or by section 5.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Proceedings for defamation","content":"#### 7 Proceedings for defamation\n\n7 Proceedings for defamation\n\n> This Act does not operate so as to provide or affect a defence to an action or proceeding for defamation.\n> \n> Note—\n> \n> Section 27 (2) (a) of the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) provides that the publication of defamatory matter in the course of proceedings of a parliamentary body attracts the defence of absolute privilege in defamation proceedings, including (but not limited to)—\n> \n> > (a) the publication of a document by order, or under the authority, of the body, and\n> \n> > (b) the publication of the debates and proceedings of the body by or under the authority of the body or any law, and\n> \n> > (c) the publication of matter while giving evidence before the body, and\n> \n> > (d) the publication of matter while presenting or submitting a document to the body.\n> \n> 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 7, note:** Ins 2005 No 77, Sch 6.14 \\[2\\].","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Parliamentary privileges not affected","content":"#### 8 Parliamentary privileges not affected\n\n8 Parliamentary privileges not affected\n\n> Nothing in this Act derogates from a power or privilege of either House, the Members of either House, or a Committee.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"NSW Parliament website","content":"#### 9 NSW Parliament website\n\n9 NSW Parliament website\n\n> > (1) An Act that authorises the Clerk of a House of Parliament to print a document authorises the Clerk to publish the document on the NSW Parliament website.\n> \n> > (2) A document published by the Clerk of a House of Parliament on the NSW Parliament website is taken to be printed by, or by the authority of, the Clerk.\n> \n> > (3) This section extends to anything done before the commencement of this section.\n> \n> > (4) In this section—\n> > \n> > NSW Parliament website means the website with the URL of www.parliament.nsw.gov.au, or another website used by the Parliament of New South Wales.\n> \n> **s 9:** Ins 2024 No 82, Sch 3.7\\[5\\].","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's scope has been updated since its original form. Notably, section 9 (inserted in 2024) expressly authorises the Clerk to publish documents on the NSW Parliament website and treats such publication as printing by the Clerk (s 9(1)–(2)), including retrospective effect (s 9(3)). Section 5 was amended (2024) and now lists the Clerks and Deputy Clerks authorised to publish (s 5(3)). A statutory note added in 2005 to section 7 draws attention to the Defamation Act's provisions on absolute privilege for parliamentary proceedings. These amendments extend the Act's practical reach to online publication and update the catalogue of authorised officers, while leaving the core mechanism—authorisation by a House, joint sitting or Committee and a defence for authorised publication—intact (ss 4–6)."},"complexity_factors":["Short, focused Act with limited number of operative provisions (ss 2–9).","Cross-references to other laws and instruments (Constitution Act provisions in the definition of \"joint sitting\" (s 3); Defamation Act note in s 7), requiring users to consult other statutes for full effect.","A small but important exception: the defamation carve-out (s 7) requires separate legal analysis for liability exposure.","Discretion left to Houses, joint sittings and Committees to authorise publication and to include a \"contrary intention\" in orders (s 4–5), which introduces drafting and implementation nuance.","Recent insertion concerning online publication (s 9) and amendments to the authorised-person list (s 5(3)) mean the Act's practical scope has changed over time and requires attention to amendment history."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- Mechanically, the Act gives parliamentary bodies power to authorise publication of material that has been presented to them. Either House of Parliament, a joint sitting, or a Committee can authorise the publication of a document laid before it (s 4). A Committee can also authorise publication of evidence it receives (s 4(2)).\n\n- When an order to publish is made, specified parliamentary officers may carry out the publication unless the order says otherwise (s 5(1)). The Act lists the officers who are authorised to publish: the Clerks and Deputy Clerks of the two Houses (s 5(3)). The word \"publish\" is defined to include \"print\" (s 5(3)).\n\n- The Act creates a legal defence for anyone sued or prosecuted over a publication if the publication was authorised under the Act (s 6). That defence is subject to the exception in section 7: this Act does not create or replace any defamation defence (s 7). (A note in the Act cites the Defamation Act 2005 on absolute privilege for matter published in the course of parliamentary proceedings.)\n\n- The Act preserves parliamentary powers and privileges; nothing in it reduces the powers or privileges of either House, its members or Committees (s 8).\n\n- The Act treats publication on the NSW Parliament website as authorised printing by the Clerk. A Clerk who is authorised to print a document is also authorised to publish it on the NSW Parliament website; material published on that website is taken to be printed by the Clerk (s 9(1)–(2)). Section 9 also applies retrospectively to earlier actions (s 9(3)).\n\n- Definitions and timing: the Act defines \"Committee\", \"House\" and \"joint sitting\" (s 3). The Act is deemed to have commenced on 1 July 1974 (s 2).\n\nWho decides and who acts\n\n- Decision-makers: either House, a joint sitting, or a Committee decides whether to authorise publication (s 4). Those bodies can place limits in their orders; if an order carries a \"contrary intention\", the authorised person must follow that limitation (s 5(1)).\n\n- Actors who implement publication: the Clerks and Deputy Clerks named in s 5(3) are the people the Act authorises to publish documents; section 9 extends that authority to online publication by the Clerk.\n\nWho bears costs and responsibilities\n\n- The Act places responsibility for carrying out authorised publication with parliamentary officers (s 5(3) and s 9). The Act does not specify who pays for printing or website publication; it therefore leaves funding to be met under existing parliamentary arrangements (the Act is silent on funding).\n\nLegal effects, incentives and limits\n\n- Legal protection for authorised publications: publication that is authorised under the Act provides a defence against civil or criminal proceedings about the publication (s 6). That creates an incentive for Houses and Committees to use formal authorisations if they want to reduce legal risk for publishers acting under their authority.\n\n- Exception for defamation: the Act does not create or change defamation defences (s 7). The statutory note refers to the Defamation Act 2005 which identifies absolute privilege in relation to parliamentary proceedings. Practically, this means authorised publication is protected against many forms of legal action (s 6), but defamation law must be considered separately (s 7 and the Defamation Act).\n\nPractical consequences and trade-offs (mechanical, not evaluative)\n\n- Expands recognised publication channels: by treating website publication as printing by the Clerk (s 9), the Act updates the legal form of publication to include online publication and makes online posting equivalent to printed publication for the purposes of the Act (s 9(2)). This is a substitution of publication mode (print → web) recognised by the law.\n\n- Discretion and compliance burden: because authorisation must come from a House, joint sitting or Committee (s 4), anyone wishing the benefit of the Act's defence must ensure there is a clear authorisation. The possibility of a \"contrary intention\" in an order (s 5(1)) means an order may limit publication or remove the default authorisation; that increases the need for precise drafting of orders.\n\n- Interaction with other laws and practical risk: the defence in s 6 depends on compliance with the Act's authorisation rules. Defamation risk remains subject to separate statute (s 7). The Act preserves parliamentary privilege (s 8), so it does not reduce other powers Parliament has.\n\nSections cited: ss 2–9 (definitions at s 3; publication authorisation at s 4; authority and authorised persons at s 5; defence at s 6; defamation exclusion and note at s 7; privileges preserved at s 8; website treatment at s 9)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 1975 Act dealt with authorising publication of parliamentary papers and providing defences for publication. The 2024 amendment (section 9) added explicit provisions for digital publication on the NSW Parliament website, extending the Act's application to online formats. While this is a logical modernisation, it represents a modest expansion from the original print-focused scope to encompass digital publishing platforms."},"complexity_factors":["Very short statute (only 9 sections)","Minimal defined terms (only 4: Committee, House, joint sitting, relevant person, plus 'publish' and 'NSW Parliament website' in specific sections)","Simple conditional logic (primarily 'unless the contrary intention appears' in section 5)","No nested exceptions or complex cross-referencing structures","Straightforward operative provisions with clear subject matter","Single amendment note per section, minimal legislative history clutter"],"plain_english_summary":"This law protects people who publish official parliamentary documents and records from being sued, provided the publication was properly authorised.\n\n**What it does:**\n- **Authorises publication**: Allows either House of Parliament, joint sittings, or committees to approve the publication of documents and evidence presented to them.\n- **Identifies who can publish**: Specifically names the Clerks and Deputy Clerks of both Houses as the people authorised to publish these materials, including reports of parliamentary debates.\n- **Provides legal protection**: Creates a legal defence for anyone being sued (civilly or criminally) over publishing parliamentary papers, as long as the publication was properly authorised under this Act.\n- **Important limits**: \n  - **Does NOT protect against defamation suits** — this is handled separately under the Defamation Act 2005.\n  - **Doesn't reduce parliamentary powers**: The law explicitly states it doesn't take away any existing powers or privileges Parliament already has.\n- **Modernises for the internet**: A 2024 addition clarifies that publishing on the official NSW Parliament website counts the same as printing documents.\n\n**Who it affects:**\n- The Clerks and Deputy Clerks of the NSW Parliament (who handle official publishing)\n- Anyone publishing parliamentary documents with proper authority\n- People who might want to sue over what's published in parliamentary records (their rights are limited by this law)\n\n**Why it matters:**\nThis law ensures transparency in government by making it safe to publish parliamentary proceedings and documents without fear of legal action — but it carefully balances this with protections for reputation by excluding defamation claims."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained true to its original intent since 1975. There have been only minor updates — the most recent in November 2024 appears to be a formatting/editorial change only, with no substantive amendment to the law's scope or purpose. The Act has had just two historical versions since 1978, indicating very little legislative change over five decades."},"complexity_factors":["The Act is relatively short and narrowly scoped, dealing with a specific administrative and legal area (parliamentary papers)","The subject matter — parliamentary privilege and publication protections — involves some constitutional and legal nuance that may be unfamiliar to laypeople","The actual legislative text was not available for analysis, limiting certainty about specific provisions and their interactions","The Act has remained substantially unchanged since 1978, suggesting it is not highly complex or frequently contested","It sits within a broader framework of parliamentary privilege law, requiring some cross-referencing to fully understand its effect"],"plain_english_summary":"## Parliamentary Papers (Supplementary Provisions) Act 1975 (NSW)\n\n**What is this?**\nThis is a NSW law from 1975 that deals with **parliamentary papers** — official documents produced by or for the NSW Parliament, such as reports, tabled documents, and committee findings.\n\n**What does it do?**\nThe Act provides additional (\"supplementary\") rules and protections around parliamentary papers. Historically, laws like this typically address things like:\n- **Legal protection (privilege)** for people who publish or distribute official parliamentary documents — meaning they can't be sued for defamation (being accused of damaging someone's reputation) just for reproducing what Parliament officially published\n- Rules about how parliamentary papers can be used, cited, or reproduced\n\n**Who does it affect?**\n- Members of Parliament\n- Government agencies and departments\n- Publishers, journalists, or anyone reproducing official parliamentary documents\n- Members of the public who rely on or reference official parliamentary records\n\n**Why does it matter?**\nIt helps protect the integrity and free flow of official parliamentary information. Without protections like these, people could face legal action simply for sharing or republishing what Parliament itself has said or published — which would have a chilling effect on open government and public accountability.\n\n**Important note:** The actual substantive text of the Act was not included in the material provided — only website navigation and metadata were supplied. This summary is based on the Act's title, its age, and standard provisions found in equivalent Australian parliamentary papers legislation."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975","history":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975/history","analysis":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975/analysis","conflicts":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975/conflicts","importantCases":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975/important-cases","documents":"/api/acts/parliamentary-papers-supplementary-provisions-act-1975/documents"}}