{"id":"tas:act-1898-030","name":"Parliamentary Privilege Act 1898","slug":"parliamentary-privilege-act-1898","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 1898","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110790,"registerId":"tas-act-1898-030-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 1898](/view/html/inforce/2026-04-12/act-1898-030) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> In this Act –[*\\[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999\\]*](/view/html/inforce/1999-05-15/act-2004-059#GS8@Hpa@EN) [*\\[Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS78@Hpa@EN) [*\\[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999\\]*](/view/html/inforce/1999-05-15/act-2004-059#GS8@Hpa@EN) [*\\[Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS78@Hpa@EN) [*\\[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC1@Hpa@EN) [*\\[Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS78@Hpa@EN)\n> \n> > ***the President*** means the President of the Legislative Council;\n> \n> > [*\\[Section 2 Amended by No. 59 of 2004, s. 8, Applied:15 May 1999\\]*](/view/html/inforce/1999-05-15/act-2004-059#GS8@Hpb@EN) ***relevant officer*** means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) , as the case may require;\n> \n> [*\\[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC1@Hpb@EN) [*\\[Section 2 Amended by No. 54 of 2016, s. 78, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS78@Hpb@EN)\n> \n> > ***the Speaker*** means the Speaker of the House of Assembly.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Appointment of officers of Parliament","content":"### 3 Appointment of officers of Parliament\n\n> *\\[Section 3 Substituted by No. 77 of 1979, s. 3 \\]*\n> \n> > (1)  Subject to [subsection (3)](#GS3@Gs3@EN) , the Governor may, on the recommendation of the President, appoint officers for the purposes of the Legislative Council.\n> \n> > (2)  Subject to [subsection (3)](#GS3@Gs3@EN) , the Governor may, on the recommendation of the Speaker, appoint officers for the purposes of the House of Assembly.\n> \n> > (3)  The Governor may, on the joint recommendation of the President and the Speaker, appoint officers for the joint purposes of both Houses of Parliament.\n> \n> > (4)  The purposes referred to in [subsection (3)](#GS3@Gs3@EN) include the reporting of debates and proceedings of Parliament.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Supplementary provisions relating to officers","content":"### 3A Supplementary provisions relating to officers\n\n> *\\[Section 3A Inserted by No. 77 of 1979, s. 4 \\]**\\[Section 3A Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 3A Subsection (1) amended by No. 20 of 1984, s. 3 and Sched. 1 \\]*Subject to this section, an officer appointed under [section 3](#GS3@EN) is entitled to –\n> > \n> > > > (a) such salary and allowances as are determined in accordance with an award made by the Tasmanian Industrial Commission under the [Industrial Relations Act 1984](/view/html/inforce/2026-04-12/act-1984-021) ; and\n> > > \n> > > > (b) such other terms and conditions of service (including leave) as are determined –\n> > > > \n> > > > > > (i) in the case of an officer appointed under [section 3](#GS3@EN) [(1)](#GS3@Gs1@EN) , by the President;\n> > > > > \n> > > > > > (ii) in the case of an officer appointed under [section 3](#GS3@EN) [(2)](#GS3@Gs2@EN) , by the Speaker; and\n> > > > > \n> > > > > > (iii) in the case of an officer appointed under [section 3](#GS3@EN) [(3)](#GS3@Gs3@EN) , by the President and the Speaker acting jointly.\n> \n> > (2)  [*\\[Section 3A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja108@GC1@EN) *\\[Section 3A Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 \\]*The provisions of the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) do not apply to an officer appointed under [section 3](#GS3@EN) .\n> \n> > (3)  [*\\[Section 3A Subsection (3) amended by No. 59 of 2004, s. 9, Applied:15 May 1999\\]*](/view/html/inforce/1999-05-15/act-2004-059#GS9@EN) *\\[Section 3A Subsection (3) amended by No. 10 of 1982, s. 95 and Sched. 8, Pt. I & II \\]*[*\\[Section 3A Subsection (3) substituted by No. 54 of 2016, s. 79, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS79@EN) An officer appointed under [section 3](#GS3@EN) is an employee for the purposes of the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) .","sortOrder":3},{"sectionNumber":"3B","sectionType":"section","heading":"Disqualification from holding office; vacation of office","content":"### 3B Disqualification from holding office; vacation of office\n\n> *\\[Section 3B Inserted by No. 77 of 1979, s. 4 \\]*\n> \n> > (1)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from being appointed as an officer under [section 3](#GS3@EN) , and, if a person holding office as an officer under that section becomes a candidate for election as such a member, he shall vacate that office.\n> \n> > (2)  For the purpose of [subsection (1)](#GS3B@Gs1@EN) , a person becomes a candidate for election as a member of a House of Parliament when he is nominated for election in accordance with the law regulating the election.\n> \n> > (3)  An officer appointed under [section 3](#GS3@EN) may, by writing under his hand addressed to the Governor, apply to resign his office, and, on the acceptance of the application by the Governor, that office is vacated.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Appointment of sessional and temporary employees","content":"### 4 Appointment of sessional and temporary employees\n\n> *\\[Section 4 Substituted by No. 77 of 1979, s. 5 \\]*\n> \n> > (1)  The President may appoint such sessional or temporary employees required for the Legislative Council for such period as he thinks necessary.\n> \n> > (2)  The Speaker may appoint such sessional or temporary employees required for the House of Assembly for such period as he thinks necessary.\n> \n> > (3)  The President and the Speaker acting jointly may appoint such sessional or temporary employees required for both Houses of Parliament for such period as they think necessary.\n> \n> > (4)  A person appointed under this section as a sessional or temporary employee is entitled to remuneration at such rates, and to such other terms and conditions of employment (including leave), as the President or the Speaker or, as the case may be, the President and the Speaker may determine in respect of him.\n> \n> > (5)  Nothing in this section empowers the President or the Speaker, or the President and Speaker acting jointly, as the case may be, to make an appointment under this section unless Parliament has voted the money necessary for that appointment.","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Superannuation entitlements of officers and employees","content":"### 4A Superannuation entitlements of officers and employees\n\n> [*\\[Section 4A Inserted by No. 59 of 2004, s. 10, Applied:15 May 1999\\]*](/view/html/inforce/1999-05-15/act-2004-059#GS10@EN) [*\\[Section 4A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpa@EN) [*\\[Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpb@EN) [*\\[Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpc@EN) [*\\[Section 4A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpd@EN) [*\\[Section 4A Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpe@EN) [*\\[Section 4A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpg@EN) [*\\[Section 4A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpf@EN) [*\\[Section 4A Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hph@EN) [*\\[Section 4A Subsection (8) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja18@GC2@Hpi@EN) [*\\[Section 4A Substituted by No. 54 of 2016, s. 80, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS80@EN) A person appointed as an officer under [section 3](#GS3@EN) or as a sessional or temporary employee under [section 4](#GS4@EN) is an employee for the purposes of the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) .","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Payments for contingent services may be made on authority of President or Speaker","content":"### 5 Payments for contingent services may be made on authority of President or Speaker\n\n> > (1)  *\\[Section 5 Subsection (1) substituted by No. 77 of 1979, s. 6 \\]*Any expenditure out of money provided by an Appropriation Act in relation to Parliament, other than expenditure in relation to the salaries, allowances, and other emoluments of persons appointed and employed under this Act, may be incurred –\n> > \n> > > > (a) in the case of expenditure relating to the Legislative Council, on the written authority (either special or general) of the President;\n> > > \n> > > > (b) in the case of expenditure relating to the House of Assembly, on the written authority (either special or general) of the Speaker; or\n> > > \n> > > > (c) in the case of expenditure relating to both Houses of Parliament, on the written authority (either special or general) of the President and the Speaker acting jointly.\n> \n> > (2)  *\\[Section 5 Subsection (2) omitted by No. 28 of 1990, s. 70 and Sched. 3 \\]*.  .  .  .  .  .  .  .  \n> \n> > (3)  *\\[Section 5 Subsection (3) omitted by No. 28 of 1990, s. 70 and Sched. 3 \\]*.  .  .  .  .  .  .  .","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Expenses of members of Select Committees","content":"### 6 Expenses of members of Select Committees\n\n> *\\[Section 6 Substituted by 25 Geo. V No. 78 \\]**\\[Section 6 Amended by No. 43 of 1964, s. 5 \\]*Either House may make rules providing for the payment to any Member acting on any Select Committee of such House, or on any Joint Committee of both Houses, of such allowances, fees, or emoluments as may be prescribed by those rules.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1898 Act appears to have been a straightforward parliamentary privilege statute. However, the 1979 amendments fundamentally transformed it into an employment and administrative law statute governing parliamentary staffing. The scope expanded from procedural privileges to encompass: industrial relations (salary awards), superannuation entitlements, disqualification rules for political candidates, and detailed spending authorities. The 2004-2016 amendments further expanded the superannuation provisions significantly. The Act now functions more as a 'Parliamentary Staff Employment Act' than a traditional privilege act."},"complexity_factors":["Multiple amendment layers: The text shows heavy amendment history (1979, 1982, 1984, 1990, 1994, 2000, 2004, 2005, 2016) creating a patchwork structure","Cross-referencing to external legislation: References to Industrial Relations Act 1984, State Service Act 2000, Constitution Act 1934, and Public Sector Superannuation Reform Act 2016","Conditional logic for appointments: Different appointment processes depending on which House is involved (President alone, Speaker alone, or both jointly)","Nested subsections: Section 3A has multiple levels of nested paragraphing (a), (b), (i), (ii), (iii)","Defined terms: 3 key defined terms (President, Speaker, relevant officer) with amendment histories cluttering the interpretation section","Legislative history annotations: Extensive editorial notes about amendments disrupt readability"],"plain_english_summary":"This is **Tasmanian legislation** (not Commonwealth) that sets up the employment framework for people who work for the Tasmanian Parliament.\n\n**What it does:**\n- **Creates a separate employment system** for parliamentary staff that operates outside the normal Tasmanian public service rules. Officers of Parliament are appointed by the Governor on the recommendation of the President (Legislative Council) or Speaker (House of Assembly), not through standard government hiring processes.\n\n- **Establishes three categories of staff:**\n  - **Permanent officers** (Section 3): Senior parliamentary staff like Clerks, appointed by the Governor on recommendation of the Presiding Officers\n  - **Sessional/temporary employees** (Section 4): Short-term staff hired directly by the President or Speaker for specific periods\n  - **Joint officers** (Section 3(3)): Staff serving both Houses, appointed on joint recommendation\n\n- **Sets employment conditions:**\n  - Salaries determined by the Tasmanian Industrial Commission (industrial awards)\n  - Other terms (leave, etc.) set by the President or Speaker\n  - **Explicitly excludes** these officers from the State Service Act (Tasmania's public service legislation)\n  - **Includes them in public sector superannuation** schemes\n\n- **Controls parliamentary spending:** Allows the President and Speaker to authorise expenditure from parliamentary appropriations (Section 5)\n\n- **Sets disqualifications:** MPs and election candidates cannot be parliamentary officers (Section 3B)\n\n- **Allows committee payments:** Either House can make rules to pay members for serving on select committees (Section 6)\n\n**Who it affects:**\n- Parliamentary officers (Clerks, secretaries, Hansard reporters, etc.)\n- Sessional staff (temporary parliamentary employees)\n- The President and Speaker (who have significant hiring and spending authority)\n- MPs (who cannot hold these offices simultaneously)\n\n**Why it matters:**\nThis Act protects the **independence of Parliament** from the executive government. By keeping parliamentary staff outside the normal public service, it ensures that the people who run Parliament work for the legislature itself—not for the government of the day. This separation is crucial for maintaining parliamentary privilege and ensuring the Houses can operate without executive interference."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence the scope of the Act has changed from its original intent of protecting parliamentary proceedings and members from external legal interference. The law appears to have remained largely stable since 1898, with only minor amendments noted."},"complexity_factors":["The document provided contains almost exclusively metadata and formatting — no actual legislative provisions are visible for analysis","Parliamentary privilege as a legal concept can be complex, but the Act itself (based on what is visible) appears short and narrow in scope","The law is very old (1898) and may use archaic language in its full text","It operates alongside common law (judge-made law) privilege principles, which adds some interpretive complexity"],"plain_english_summary":"This short Tasmanian Act preserves parliamentary privilege: it shields speeches, debates and proceedings in Parliament from court or external interference so members can speak and vote without fear of legal action.  \n\nIt affects MPs, anyone wanting to sue or challenge parliamentary acts, and the courts. The source provided is mainly metadata from 1898 and contains little substantive text for detailed analysis."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments and insertions have adjusted appointment mechanics, employment status and entitlements, and financial authorisations. Key scope changes in the text: appointment and joint-appointment rules (s3), employment terms and pay determination and State Service exclusion (s3A), resignation/disqualification rules (s3B), sessional/temporary appointment funding limits (s4, s4(5)), superannuation coverage linked to the Public Sector Superannuation Reform Act (s4A), and expenditure authorisation tied to Appropriation Acts and written authorities by presiding officers (s5)."},"complexity_factors":["Multiple delegated appointment powers (President, Speaker, jointly) creating differing lines of authority (s3, s4)","Cross-references to external instruments that determine pay and status (Industrial Relations Act 1984; Public Sector Superannuation Reform Act 2016) (s3A, s4A)","Explicit exclusion from the State Service Act for parliamentary officers (s3A(2))","Disqualification and automatic vacation rules for candidates and members, with nomination-based trigger (s3B)","Funding dependency and requirement that Parliament vote money for sessional/temporary appointments (s4(5))","Authority for expenditure tied to Appropriation Acts and written authorisations by presiding officers (s5)","Allowance-making power for Select Committee members delegated to House rules (s6)","Amendment history and substituted sections increase interpretive complexity (numerous notes)"],"plain_english_summary":"This Act sets who hires and manages Parliament’s officers and temporary staff, how their pay and superannuation are treated, who is disqualified from those posts, and when the President or Speaker can authorise parliamentary spending and committee member expenses. It affects parliamentary officers, members who seek election, and the Parliament’s budget officers; it matters because it fixes appointment powers, employment terms and who signs off on expenditure, creating specific decision and compliance lines for Parliament’s administration."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-privilege-act-1898","history":"/api/acts/parliamentary-privilege-act-1898/history","analysis":"/api/acts/parliamentary-privilege-act-1898/analysis","conflicts":"/api/acts/parliamentary-privilege-act-1898/conflicts","importantCases":"/api/acts/parliamentary-privilege-act-1898/important-cases","documents":"/api/acts/parliamentary-privilege-act-1898/documents"}}