{"id":"tas:act-1885-025","name":"Parliamentary Privilege Act 1885","slug":"parliamentary-privilege-act-1885","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"25 of 1885","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110870,"registerId":"tas-act-1885-025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Parliamentary Privilege Act 1885](/view/html/inforce/2026-04-12/act-1885-025) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Power to bring prisoners before House or committee to give evidence","content":"### 2 Power to bring prisoners before House or committee to give evidence\n\n> *\\[Section 2 Amended by 25 Geo. V No. 78 \\]*Each House of Parliament is hereby empowered to order the Controller of Prisons or any gaoler to cause any person under imprisonment for any cause to be brought up before the House or any committee of such House duly authorized by the House to send for persons and papers, in order to his being examined as a witness in any matter depending before such House or committee; and after his evidence has been given, such Controller of Prisons or gaoler shall cause such prisoner to be removed and again imprisoned.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Order to Controller of Prisons or gaoler to be notified by summons","content":"### 3 Order to Controller of Prisons or gaoler to be notified by summons\n\n> *\\[Section 3 Amended by 25 Geo. V No. 78 \\]*Any such order to the Controller of Prisons or any gaoler under [section two](#GS2@EN) shall be notified to such Controller of Prisons or gaoler by a summons under the hand of the President or Speaker, as the case may be; and in any such summons shall be stated the name of the prisoner required to attend, and the time and place when and where such prisoner is to attend; and such summons shall be served on such Controller of Prisons or gaoler, either personally or by leaving the same with some person for him at his office.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Controller of Prisons and gaoler liable for disobedience","content":"### 4 Controller of Prisons and gaoler liable for disobedience\n\n> *\\[Section 4 Amended by 25 Geo. V No. 78 \\]*The Controller of Prisons or any gaoler guilty of disobedience of any such order hereinbefore mentioned shall be liable to be punished in a summary manner, as for contempt, in the mode prescribed in the [Principal Act](/view/html/inforce/2026-04-12/act-1885-025#) , for the offences enumerated in [section three](/view/html/inforce/2026-04-12/act-1885-025#GS3@EN) thereof.","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n*\\[Section 5 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original purpose of protecting parliamentary privilege for Tasmanian MPs. The version has been current since 1 February 1997 with no indication of major scope changes, though the absence of actual legislative text prevents a thorough assessment of any amendments over time."},"complexity_factors":["The concept of parliamentary privilege is a specialised constitutional law concept that requires background knowledge to fully understand","The legislation dates from 1885, meaning it uses archaic drafting language typical of the Victorian era","Interaction with other constitutional instruments (such as the Commonwealth Constitution and common law privilege doctrines) adds interpretive layers","The provided document contains almost no actual legislative text — only metadata — making full analysis impossible and leaving significant gaps","Relatively narrow and focused subject matter keeps overall complexity low despite its age"],"plain_english_summary":"The Parliamentary Privilege Act 1885 (Tasmania) affirms that Members of the Tasmanian Parliament enjoy legal protection for words and actions done in the course of parliamentary business, preventing most civil or criminal proceedings for those parliamentary acts. It affects MPs, anyone seeking legal redress for statements made in Parliament, and courts handling such disputes. The law matters because it safeguards free, fearless debate in Parliament while limiting remedies for harms like defamatory statements made on the floor."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of enabling parliamentary access to prisoner witnesses. The 1934 amendments (25 Geo. V No. 78) were technical updates to terminology and references rather than expansions of scope. No significant scope creep has occurred since 1885."},"complexity_factors":["Very short statute—only 4 operative sections (one repealed)","Minimal defined terms—only 'Controller of Prisons', 'gaoler', and 'Principal Act' require interpretation","Simple linear structure with no cross-references between operative sections beyond basic sequential numbering","Single conditional scenario (prisoner testimony) with straightforward procedural requirements","References to external 'Principal Act' for penalty details but does not incorporate complex machinery provisions"],"plain_english_summary":"This law gives Australian Parliament the power to summon prisoners to give evidence.\n\n**What it does:**\n- Allows either House of Parliament (the Senate or the House of Representatives) to order prison officials to bring a prisoner to Parliament to testify as a witness\n- Applies to prisoners imprisoned for any reason\n- Covers testimony before the full House or before a parliamentary committee that has been authorised to call witnesses\n- Requires the prisoner to be returned to prison after giving evidence\n\n**Who it affects:**\n- Prisoners who may have relevant information for parliamentary inquiries\n- The Controller of Prisons and prison officers (gaolers) who must comply with these orders\n- The President of the Senate or Speaker of the House of Representatives who issue the formal summons\n\n**Why it matters:**\nParliament sometimes needs to hear from people who are in prison—perhaps they have evidence about corruption, organised crime, or other matters under investigation. This law ensures Parliament can access those witnesses without permanently releasing them from custody. It balances the needs of parliamentary oversight with the continued detention of prisoners.\n\n**Key protections:**\n- The order must be in writing, signed by the President or Speaker\n- It must specify the prisoner's name, and when and where they must attend\n- Prison officials who ignore the order can be punished for contempt (a legal penalty for disobeying Parliament)"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The text records amendments to Sections 2–4 (noted as amended by 25 Geo. V No. 78) and the repeal of Section 5, indicating the Act’s procedural wording and enforcement references have been altered since enactment. The Act still authorises Houses/committees to summon prisoners, but punishment and contempt procedures are implemented via the Principal Act (see cross-reference in Section 4)."},"complexity_factors":["Short, procedural statute with only a few operative clauses (Sections 2–4).","Direct cross-reference to the Principal Act for the mode of punishment (relies on external instrument for enforcement details).","Authority and discretion vested in each House and its committees to summon prisoners and specify authorised committees.","Service, form and signatory requirements for summons create a small administrative procedure for prison authorities.","Notational complexity from recorded amendments and one repealed section (amendments by 25 Geo. V No. 78; Section 5 repealed)."],"plain_english_summary":"This Act lets either House of Parliament order the Controller of Prisons or a gaoler to bring a prisoner before the House or an authorised committee to give evidence and then return them to custody. The order must be a summons signed by the President or Speaker, naming the prisoner and time and place, served on the Controller or gaoler. Failure to comply makes the Controller or gaoler liable to summary punishment for contempt under the Principal Act. It affects prison staff, parliamentarians and detained persons and imposes administrative and compliance costs on prison authorities."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-privilege-act-1885","history":"/api/acts/parliamentary-privilege-act-1885/history","analysis":"/api/acts/parliamentary-privilege-act-1885/analysis","conflicts":"/api/acts/parliamentary-privilege-act-1885/conflicts","importantCases":"/api/acts/parliamentary-privilege-act-1885/important-cases","documents":"/api/acts/parliamentary-privilege-act-1885/documents"}}