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Concept
Contempt of Parliament
Summary
In countries with a parliamentary system of government, contempt of Parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his duties.
The concept is common in countries with a parliamentary system in the Westminster model, or which are derived from or influenced by the Westminster model. The offence is known by various other names in jurisdictions in which the legislature is not called "Parliament", most notably contempt of Congress in the United States. Actions that may constitute contempt of Parliament include:
deliberately misleading a house of the legislature, or a legislative committee;
refusing to testify before, or to produce documents to, a house or committee; and
attempting to influence a member of the legislature by bribery or threats.
In some jurisdictions, a house of the legislature may declare any act to constitute contempt, and this is not subject to judicial review. In others, contempt of Parliament is defined by statute; while the legislature makes the initial decision of whether to punish for contempt, the person or organisation in contempt may appeal to the courts. Some jurisdictions consider contempt of Parliament to be a criminal offence.
In the Commonwealth of Australia, the Parliamentary Privileges Act 1987 defines contempt of Parliament as:
Conduct (including the use of words)... [which] amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions, or with the free performance by a member of the member's duties as a member.
Contempt decisions by the House of Representatives or the Senate are subject to review by federal courts. This follows after the Browne–Fitzpatrick privilege case, in which Morgan, Fitzpatrick and Frank Browne were denied legal representation, subsequently convicted, and served 90 days each in jail for publishing an allegedly defamatory article against a member of Parliament.
Official source
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