Legislative Assembly (Powers and Privileges) Act 1992

The Act centres on several interrelated concepts. “Assembly” means the Legislative Assembly; “Chamber” means the room or place where the Assembly is at any time sitting; “Clerk” includes the Deputy Clerk and Clerk-Assistant; “committee” includes a committee of the whole Assembly, standing, select or other committees, and sub-committees (section 3(1)). A “member” is a member of the Assembly; an “officer of the Assembly” is the Clerk, Deputy Clerk, or any other person declared by the Speaker by notice in the Gazette to be such (section 3(1)). “The Speaker” includes a person for the time being presiding over the Assembly or a committee of the whole Assembly (section 3(1)). “Standing Orders” means the standing rules and orders of the Assembly in force from time to time.

A central organising concept is an “offence against the Assembly”, defined in section 3(3) as a breach of the privileges or immunities, or a contempt, of the Assembly or of its members, committees or officers. However, section 5 imposes an essential element: conduct (including the use of words) does not constitute an offence against the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by the Assembly or a committee of its authority or functions, or with the free performance by a member of the member’s duties. This limits the scope of contempt to conduct that has a real capacity to obstruct parliamentary functions.

The concept of “proceedings in Parliament” is defined broadly in section 6(2) for the purposes of article 9 of the Bill of Rights 1688. It includes all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting the business of the Assembly or a committee. It expressly covers giving evidence, presenting or submitting a document, preparing a document for such purposes, and formulating, making or publishing a document by or pursuant to an order of the Assembly or committee. This expansive definition ensures that the freedom of speech protection extends to the full range of parliamentary activity.

The precincts of the Assembly are defined by section 14 and Schedules. Originally Schedule 1 described specific parcels of land in Darwin; however, the Speaker may by notice in the Gazette declare that those precincts are replaced by the land described in Schedule 2 (section 14(2)). Schedule 2, as substituted by the Legislative Assembly (Powers and Privileges (Act Amendment) Regulations 2024 (SL No. 19, 2024), now describes Lot 11231, Town of Darwin, an area of 1.38 hectares. Section 14(4) permits the Administrator to amend or repeal and replace Schedule 2 by regulation upon written request of the Speaker.

The Act also introduces the concept of “civil cause” in the immunity from arrest provisions: section 7 immunises members and officers from arrest or detention “in a civil cause” on designated days. This does not extend to criminal arrest. Section 7(5) confirms that except as provided, no other immunity from compulsory attendance before a court or tribunal or from arrest or detention exists by reason of being a member or officer.

The Act directly applies to several distinct classes of persons and entities. Members of the Legislative Assembly are the primary beneficiaries of the privileges declared, including freedom of speech in proceedings (section 6), immunity from arrest in civil causes and from jury service, and exemption from compulsory court attendance on sitting days and within five days before or after (section 7). However, members are also subject to duties: they must obey the Speaker’s directions regarding exclusion from the Chamber if ordered by the Assembly (section 16(1)), and they cannot be arrested or required to attend court on protected days - but that is a right, not a duty.

Officers of the Assembly - the Clerk, Deputy Clerk, and any person declared by the Speaker in the Gazette - receive similar immunities from arrest, court attendance and jury service (section 7(2), (4)). They are also covered by the prohibition on service of process within precincts (section 8) and the protection for authorised publications (section 11(3) extends protection to employees of the Assembly publishing in the normal course of duties).

Witnesses summoned under section 18 are directly affected. They must attend, take an oath if required, answer relevant questions, and produce specified documents (section 21). Failure to do so, or giving false evidence, is an offence carrying a maximum penalty of 40 penalty units or six months imprisonment. Witnesses receive protection from intimidation, fraud, force, threats, or inducements (section 20(1)), and from penalisation or deprivation of benefit on account of evidence given or proposed to be given (section 20(2)). They also have immunity from arrest in civil causes and from compulsory court attendance on the day they are required to attend the Assembly or a committee (section 7(3)).

Persons within the precincts of the Assembly are affected by section 8, which forbids service or execution of any court process without the Speaker’s express permission, and by section 16, which empowers the Speaker to direct removal of non-members from the precincts. A person directed to be excluded must leave and not re-enter (section 17). Media organisations and publishers are affected by provisions on authorised publication (sections 9-11), the defence of fair and accurate report for defamation (section 13), the prohibition on printing words or matters after an Assembly order not to publish (section 12), and the broadcasting restriction (section 23). Courts and tribunals are directly constrained by section 6(3)-(4), which prohibits them from receiving evidence or making submissions that question the truth, motive or good faith of proceedings in the Assembly, except as expressly allowed (e.g., for interpreting legislation under section 6(5), or for prosecutions under this Act or an Act establishing a committee under section 6(6)). Any person who commits an offence against the Assembly is subject to potential committal or fine by the Assembly itself under section 25.

The Act confers several critical rights. The fundamental right is freedom of speech in proceedings, declared by section 6(1) applying article 9 of the Bill of Rights 1688. Section 6(3) reinforces this by providing that in court or tribunal proceedings, it is not lawful for evidence to be tendered or received, questions asked, or statements, submissions or comments made, concerning proceedings in the Assembly for the purpose of questioning or relying on the truth, motive, intention or good faith of anything forming part of those proceedings, or to draw inferences or conclusions from them. This protection extends to the full definition of “proceedings in Parliament” in section 6(2). Section 6(4) further protects documents or oral evidence taken in camera: courts cannot require production or admit such material unless the Assembly or committee has published or authorised publication.

Members have the right not to be required to attend court or be arrested or detained in a civil cause on days the Assembly meets, a committee of which they are a member meets, or within five days before or after (section 7(1)). Officers have a similar right but tied to days the Assembly or a committee on which the officer is required to attend meets, plus five days either side (section 7(2)). Both members and officers are exempt from jury service (section 7(4)). A witness required to attend the Assembly or committee has the right not to be required to attend court or be arrested or detained in a civil cause on that day (section 7(3)).

Persons authorised to publish documents or evidence under sections 9 or 10 have a right to immunity from civil or criminal action (section 11(1)). If an action is commenced, the defendant may produce a certificate from the Speaker or Clerk stating the publication was authorised, and the court must stay the action and may order costs against the plaintiff or prosecutor (section 11(2)). Employees of the Assembly publishing documents in the normal course of duties are also protected (section 11(3)). A defendant in a defamation action may rely on the defence that the defamatory matter was published without adoption of its substance and was contained in a fair and accurate report of proceedings at a meeting of the Assembly or committee (section 13(1)).

Key duties include the obligation to obey the Speaker’s directions: a person directed to be excluded from the precincts must not refuse or fail to leave, and must not re-enter or attempt to re-enter while the direction is in force (section 17). No person may serve or tender for service or execute any writ, summons, warrant, order or other process within the precincts without the Speaker’s express permission, nor arrest another person within the precincts except as authorised by section 16 (section 8). If the Assembly orders that words or matter published in the Assembly shall not be printed or published, no person may print or publish them outside the Assembly (section 12). Witnesses summoned under section 18 must appear, take an oath if required, answer relevant questions, produce specified documents, not give false evidence, and not present false documents (section 21). No person may publish or disclose in camera evidence without authority (section 22). Broadcasting or televising of proceedings requires Assembly authority (section 23).

The Act creates two distinct enforcement regimes: punishment by the Assembly itself for contempt (offences against the Assembly), and prosecution in courts for specific statutory offences. For statutory offences, maximum penalties are set within the Act. Section 20 (influencing or penalising witnesses) carries for a natural person 40 penalty units or imprisonment for six months, and for a corporation 215 penalty units. Section 21 (witness offences) carries the same maximum. Section 22 (unauthorised disclosure of in camera evidence) carries the same penalties: 40 penalty units or six months for a natural person, 215 penalty units for a corporation. These penalties were amended by the Penalties Amendment (Chief Minister’s and Other Portfolios) Act 2011. The value of a penalty unit is as prescribed under the Sentencing Act or relevant legislation, and the Act uses penalty units rather than fixed dollar amounts to allow for indexation.

For offences against the Assembly (contempt), the Assembly itself may impose penalties under section 25. The power to imprison is limited by section 25(1) to imprisonment that may be imposed under section 7(1) of the Parliamentary Privileges Act 1987 (Cth). That Commonwealth provision limits imprisonment to the duration of the session or until the person is discharged. Section 25(2) provides that imprisonment is not affected by prorogation, dissolution or expiration of the Assembly. Section 25(3) expressly provides that the Assembly does not have power to order imprisonment otherwise than in accordance with section 25. The Assembly may also impose a fine under section 25(5), limited to the fine that may be imposed under section 7(5) of the Commonwealth Act. A fine under that provision must not exceed $5,000 (as set in the Commonwealth Act, but subject to indexation). Section 25(7) prohibits imposing both imprisonment and a fine for the same offence. A fine imposed under section 25(5) is a debt due to the Territory and may be recovered in a court of competent jurisdiction by any person appointed by the Assembly (section 25(6)). The Assembly may give directions and authorise warrants to carry section 25 into effect (section 25(8)).

Section 26 provides a crucial safeguard. When the Assembly imposes a penalty of imprisonment, the resolution and warrant must set out particulars of the matters determined to constitute the offence (section 26(1)). The person imprisoned may apply to the Full Court of the Supreme Court for a declaration that those matters were not capable of constituting a breach of privilege or a contempt (section 26(2)). If the Full Court makes that declaration, the resolution ceases to have effect, the warrant is discharged, and the person must be released from custody unless otherwise confined by law (section 26(3)). This is a limited form of judicial review: it does not permit the court to review whether the Assembly correctly found the facts or applied the law, only whether the matters as stated were capable in law of amounting to a contempt.

Evidentiary certificates under section 24 facilitate enforcement in court proceedings: a certificate purporting to be signed by the Speaker, Clerk or committee chair stating matters such as whether a document was prepared for submission or was treated as in camera, whether a person is an officer, or whether a fine was imposed, is prima facie evidence of those matters.

The Act’s interaction with other legislation is structured through several mechanisms. Section 4 provides the primary interaction: powers, privileges and immunities not declared by the Act are to be the powers, privileges and immunities for the time being of the House of Representatives of the Commonwealth and its members, committees and officers. This incorporates the Commonwealth Parliamentary Privileges Act 1987 and any common law privileges applicable to the House of Representatives as they develop. However, this incorporation is subject to the declarations in the NT Act itself. For example, the NT Act’s section 25 expressly links the Assembly’s punishment power to the Commonwealth Act, as noted in the section 25 references: the note states that the power is linked because of section 12 of the Northern Territory (Self-Government) Act 1978 (Cth). Section 12 of that Commonwealth Act limits the powers of the NT Legislative Assembly in relation to imprisonment for contempt, requiring consistency with Commonwealth parliamentary privilege law.

Section 6 interacts with the general law of evidence and procedure in courts and tribunals. It creates a broad prohibition on questioning proceedings in Parliament in court proceedings, but provides specific exceptions. Section 6(5) excepts proceedings relating to the interpretation of an Act or Commonwealth Act - this permits courts to refer to Hansard and similar records for statutory interpretation without breaching article 9. Section 6(6) excepts prosecutions for offences against this Act or an Act establishing a committee, so that evidence of parliamentary proceedings may be admitted in such prosecutions. Section 6(7) preserves proceedings that commenced before the Act’s commencement. These interaction rules ensure that the Act does not impede legitimate judicial functions while still protecting parliamentary privilege.

The Act’s offence provisions interact with the general criminal law. Section 20(3) provides that the section does not prevent the Assembly from imposing a penalty for an offence against the Assembly, nor a court from imposing a penalty for an offence against an Act establishing a committee. This preserves dual enforcement potential. The defamation defence in section 13 interacts with the common law and statutory law of defamation; it provides an additional defence without depriving a person of any other defence (section 13(3)). Similarly, section 11(4) preserves other defences in relation to authorised publications.

The precinct provisions interact with the general law regarding entry onto land and arrest powers. Section 16 gives the Speaker power to remove persons and use force, with immunity if acting in good faith. This overrides any common law limitations on removal from public premises. Section 8 prohibits service of process within precincts without Speaker permission, which overrides the usual rules for service of court documents. Section 15 provides that nothing in the Act limits the powers of the Speaker or Assembly under the Standing Orders, so the Act and Standing Orders operate concurrently.

The Act also repealed earlier Territory legislation: the Legislative Assembly (Powers and Privileges) Ordinance 1977 and two amending Acts from 1989 (section 2). The Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 amended section 21, aligning it with the broader oaths framework. The Interpretation Legislation Amendment Act 2018 made formal amendments to section 1 and Schedule 3.

The Legislative Assembly (Powers and Privileges) Act 1992 was originally enacted as Act No. 62 of 1992, assented to on 28 October 1992 and commenced on that date. It repealed the Legislative Assembly (Powers and Privileges) Ordinance 1977 and the 1989 amending Acts. The first significant amendment came with the Legislative Assembly (Powers and Privileges) Amendment Act 2000 (Act No. 12, 2000), which amended section 14 concerning the precincts. That same year, the Legislative Assembly (Powers and Privileges) Regulations 2000 (SL No. 26, 2000) substituted Schedule 2, updating the description of the precincts. Schedule 2 has been amended multiple times by successive regulations: 2005 (SL No. 1, 2005), 2006 (SL No. 41, 2006), 2007 (SL No. 12, 2007), 2009 (SL No. 31, 2009), and 2010 (SL No. 24, 2010). These regulations varied the land description of the precincts. The most recent substitution of Schedule 2 occurred by the Legislative Assembly (Powers and Privileges (Act Amendment) Regulations 2024 (SL No. 19, 2024), made on 30 July 2024 and commencing 31 July 2024. This substituted the entire Schedule 2 with a new description of Lot 11231, Town of Darwin, area 1.38 hectares.

The Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) amended section 21, commencing 1 March 2011. The Penalties Amendment (Chief Minister’s and Other Portfolios) Act 2011 (Act No. 27, 2011) amended sections 20, 21, 22 and 25, commencing 21 September 2011. These amendments adjusted penalty provisions, though the penalty unit figures in the Act (40 for natural persons, 215 for corporations) remained unchanged; the amendment likely updated the unit value or the specific penalty references. General formal amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to section 1 and Schedule 3. The Act as at 31 July 2024 incorporates all these amendments. The endnotes list no amendments to sections 3-13, 15-19, 23-26 beyond the penalty adjustments and the section 14 amendment, indicating that the core provisions have remained stable since 1992.

The Act does not itself name any specific cases. However, its provisions establish a framework that has likely been considered by the Supreme Court of the Northern Territory. Section 26 creates a dedicated judicial review mechanism: a person imprisoned by the Assembly for contempt may apply to the Full Court of the Supreme Court for a declaration that the matters determined by the Assembly were not capable of constituting a breach of privilege or a contempt. This section provides a statutory right of review that has been available since 1992. The Full Court’s jurisdiction under section 26(2) is limited to that question of capability, not the merits of the Assembly’s decision or the correctness of its factual findings. There may have been applications under this provision, but the Act does not record them. The Supreme Court has general jurisdiction to consider the Act in other contexts: for example, when a person is prosecuted for an offence under sections 20, 21 or 22, the court must interpret the Act’s provisions and their relationship with section 6’s restrictions on evidence. Similarly, section 24’s evidentiary certificates may be challenged. The interaction of section 6(5) with the common law on statutory interpretation has been relevant in cases where courts have considered whether to admit Hansard evidence under that exception. The High Court of Australia’s jurisprudence on parliamentary privilege, particularly on article 9 of the Bill of Rights 1688, informs the interpretation of section 6. Because section 4 incorporates the privileges of the House of Representatives, any federal case law on those privileges is relevant to the NT Act. However, no specific Northern Territory cases are cited in the legislation itself, and the Act’s litigation history is not documented in the source text.

Several provisions of the Act contain traps for the unwary. Section 5’s essential element is often overlooked: conduct does not constitute an offence against the Assembly unless it amounts or is intended or likely to amount to an improper interference with the Assembly’s authority or functions, or with a member’s duties. This means that not every breach of order or disrespectful comment automatically amounts to contempt; the conduct must have that quality of improper interference. However, the threshold is not high - “intended or likely to amount” captures both direct and indirect obstruction.

Section 6(3) contains a very broad restriction on courts and tribunals. It is not lawful for evidence to be tendered or received, questions asked, or statements, submissions or comments made, concerning proceedings in the Assembly by way of questioning the truth, motive, intention or good faith of anything forming part of those proceedings, or to draw inferences. This restriction applies even if the evidence would otherwise be admissible. The exceptions in section 6(5) (interpretation of Acts) and 6(6) (prosecutions under this Act) are narrow. A lawyer who tries to impeach a witness’s credibility by referring to what a member said in Parliament may commit a serious breach of privilege, and the court is obliged to stop the line of questioning.

The prohibition on service of process within the precincts (section 8) is absolute unless the Speaker gives express permission. “Process” includes writs, summonses, warrants, orders or other process issued by a court or under a law of the Territory. Serve a subpoena on a member inside the precincts without permission, and you risk being in contempt. The section also forbids arrest within precincts except as authorised by section 16 (which allows the Speaker to use force to remove persons). Even lawful arrests by police may be prohibited if they occur within the precincts without the Speaker’s permission.

Section 16 gives the Speaker sweeping powers to remove any person from the precincts, including non-members, at any time. The Speaker may direct the use of force. The Speaker and persons acting under such directions are not liable in civil or criminal proceedings if they act in good faith (section 16(4)). This provides a broad immunity that could cover mistakes as long as they are honest.

Section 21(c) requires a witness to answer a relevant question. There is no explicit privilege against self-incrimination in the Act for witnesses before the Assembly or a committee. A witness who refuses to answer a relevant question risks prosecution for an offence carrying up to six months imprisonment. The only excuse is “reasonable excuse”, but the Act does not define this. It is possible that a court would imply a privilege against self-incrimination as a reasonable excuse, but the Act does not state it. Witnesses should seek legal advice before refusing to answer.

Unauthorised disclosure of in camera evidence under section 22 is a criminal offence. The prohibition applies to “a person”, not just to those who gave or received the evidence. A journalist who publishes a leaked in camera document may be liable, even if they did not obtain it directly from the committee. The only safe course is to verify that the Assembly or committee has authorised publication or has itself published the evidence.

The court review of committal under section 26 is limited. The Full Court can only declare that the matters determined by the Assembly were not capable of constituting a breach of privilege or a contempt. It cannot review the Assembly’s factual findings, procedural fairness, or the severity of punishment. If the Assembly includes in its resolution particulars that are technically capable of being a contempt (e.g., “refusing to answer a question” which is an offence under section 21), the court cannot intervene even if the Assembly misapplied the law.

Section 11(2) provides a powerful defence for authorised publications, but the defendant must give 24 hours notice to the plaintiff or prosecutor and produce a certificate from the Speaker or Clerk. Failure to follow this procedure may forfeit the defence, though section 11(4) preserves other defences.

Compliance with the Act requires different actions depending on the person’s role. For members and officers of the Assembly, compliance is largely a matter of understanding and respecting the privileges and duties. Members should be aware that their freedom of speech is absolute within proceedings, but outside proceedings they remain subject to the general law. They must not use their position to improperly interfere with witnesses (section 20). If a member is directed by the Speaker to leave the Chamber under section 16(1), they must comply. Officers should ensure they do not exceed their authority when exercising powers under the Act or Standing Orders.

For witnesses summoned under section 18, compliance is straightforward: appear at the time and place stated in the summons, take an oath if required, answer all relevant questions truthfully, produce the specified documents, and do not present false or falsified documents. If a witness has concerns about self-incrimination, they should seek legal advice before the hearing and consider raising the issue with the committee. They should not disclose any evidence given in camera without authority from the Assembly or committee (section 22). They should also be aware of their protection from intimidation under section 20; if they face threats or inducements, they should report this to the Clerk or Speaker.

Media organisations and publishers must ensure they have authority before publishing documents or evidence that have been laid before the Assembly or a committee. Sections 9 and 10 identify the circumstances in which publication is lawful: if the Assembly or committee authorises it, or if the document has been ordered to be printed (deemed authorisation for the Government Printer or Clerk to publish). The notice paper, minutes, and reports of debates are deemed authorised (section 10(2)). Publishers who rely on the defence of fair and accurate report under section 13 must ensure they do not adopt the substance of the defamatory matter; a simple report without endorsement qualifies. They must also ensure the report does not contravene section 22 (unauthorised disclosure of in camera evidence). If the Assembly has ordered that certain words or matter not be printed or published outside (section 12), that order must be strictly observed. Broadcasters must obtain Assembly authority before any broadcast or televising of proceedings (section 23).

Persons entering the precincts of the Assembly should not attempt to serve any court process or arrest anyone without the Speaker’s express permission. If directed to leave by the Speaker or someone acting under the Speaker’s authority, they must comply immediately and not re-enter while the direction is in force. Any person who believes they have been wrongly excluded should seek legal advice or contact the Clerk’s office, but must not resist physically.

Lawyers and litigants in court proceedings must be careful not to tender evidence or make submissions that breach section 6(3). If relying on Hansard for statutory interpretation, section 6(5) permits that use. In prosecutions under this Act, section 6(6) allows evidence of proceedings. In all other cases, lawyers should assume that questioning the truth, motive, intention or good faith of anything said in Parliament is prohibited. If a client has a claim that involves parliamentary proceedings, legal advice on the scope of privilege is essential.

The Clerk’s office is the primary resource for guidance on compliance. The Speaker may issue directions under the Act, and the Standing Orders provide additional rules. Section 15 confirms that the Act does not limit the powers under Standing Orders, so compliance with Standing Orders is also required. Any person who is uncertain whether a particular action (such as publishing a document or disclosing evidence) is authorised should seek a written confirmation from the Clerk or the relevant committee chair.