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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Integrity of Parliamentary Process Bill 2005
CONTENTS
Preamble 1
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Cabinet Processes 3
5. Party Room processes 3
6. Right to declare that a matter affects the member's
electorate 4
7. Right to declare that a matter affects the member's
conscience 4
8. House of Review to function independently 5
9. Cabinet solidarity 5
10. No participation in voting decisions by Aligned
Members if not an Aligned Member 5
11. Act of victimisation 5
12. Victimisation an offence 6
13. Civil remedies for acts of victimisation 6
14. Action by corporate bodies 7
002--1 page i
Western Australia
LEGISLATIVE COUNCIL
Integrity of Parliamentary Process Bill 2005
A Bill for
An Act to protect the integrity of the Parliamentary Process from
undue influence from outside or within the Parliament and to assist
Members in taking decisions as a parliamentary representative in the
best interests of their electorate.
The Parliament of Western Australia enacts as follows:
Preamble
Whereas:
A. Each member of parliament is elected to represent an
5 electorate as part of a representative democracy.
B. The Constitution has set up a bicameral system in order
to provide a check upon excesses by one House of the
Parliament.
C. Members associate in political parties with each other
10 and with persons who are not Members with whom they
share political aims so as to further the attainment of
those political aims.
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Integrity of Parliamentary Process Bill 2005
s. 1
D. Political parties have instituted varying degrees of
discipline with regard to members to ensure they
observe the policies of the party.
E. Whilst recognising the reality and benefits of political
5 parties, the Parliament is of the view that party
discipline may go beyond what is necessary or
acceptable for the ordinary workings of Parliament and
may interfere with a member's primary obligations and
duties to the electors who elected them and whom they
10 represent and furthermore it recognises that other
processes may give the Executive undue influence over
the processes of the Parliament.
F. The Parliament has therefore set out certain matters that
it perceives as the minimum limitation on party
15 discipline so as to safeguard the processes of a
representative democracy.
1. Short title
This Act may be cited as the Integrity of Parliamentary Process
Act 2005.
20 2. Commencement
This Act shall come into effect on the day on which it receives
the Royal Assent.
3. Definitions
(1) In this Act, unless the contrary intention appears:
25 "Aligned Member" means a Member who is also a member of
a party or avowedly represents a Party in the Parliament or
who, when last elected, was a member of a party and stood
in that capacity and "aligned" has a corresponding
meaning.
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Integrity of Parliamentary Process Bill 2005
s. 4
"Cabinet" means that meeting of members of the Executive
Council of Western Australia that is commonly called
Cabinet.
"Member" means a member of the Legislative Assembly or of
5 the Legislative Council and includes a former member.
"member of a party" means a person who is a member of a
Party whether or not also a Member.
"Party" has the same meaning as "registered political party"
is given by the Electoral Act 1907.
10 "party room" means a meeting of members of a party or of a
coalition of Parties for the purpose of deciding the manner
in which Aligned Members of that Party or those Parties
will vote in the Parliament, howsoever such meeting is
called and includes a meeting of any subdivision or part or
15 faction of that party.
"relevant person" means a person who is a member of a party
that is the same Party as the Party with which a Member
was aligned at the time the Member was last elected to
Parliament.
20 (2) Terms which are defined in the Equal Opportunity Act 1984
shall have the same meaning when used in this Act.
4. Cabinet Processes
In Cabinet it shall not be lawful to take any vote upon any
matter being considered by Cabinet and the Cabinet shall seek
25 to reach a consensus upon any matter for decision.
5. Party Room processes
Where Aligned Members meet outside the Chamber in order to
make decisions about the manner in which the Aligned
Members of that party will vote in the Parliament and a vote is
30 taken amongst the Aligned Members upon that matter which in
the ordinary course of events will be seen by an Aligned
page 3
Integrity of Parliamentary Process Bill 2005
s. 6
Member as binding the manner in which the Aligned Member
votes in the Parliament then --
(a) any person who is a member of the Cabinet may not
vote upon that decision if that matter has been discussed
5 by Cabinet; and
(b) it shall be unlawful for the persons calling for, counting
or recording the votes of the members of the party to
permit, count or record the vote of any person who is a
member of Cabinet and shall declare the result as if any
10 such vote which had purported to be exercised as if it
had not been exercised.
6. Right to declare that a matter affects the member's
electorate
Subject to section 9 where a measure before the Parliament is
15 such that in the opinion of an Aligned Member it will adversely
affect the interests of the electorate which the Member
represents, then nothwithstanding that it may also affect other
electorates adversely, the Aligned Member may declare his or
her opinion to the party room and shall then be permitted by the
20 party and shall have the right to vote in what the Member
perceives as the best interests of the Member's electorate.
7. Right to declare that a matter affects the member's
conscience
Subject to section 9 where a measure before the Parliament is
25 such that --
(a) an Aligned Member considers that he or she in
conscience cannot support it; and
(b) a person could reasonably hold that view;
the Aligned Member may declare to the party room his or her
30 inability to support the measure and shall then be permitted by
the party and shall have the right to vote according to his or her
conscience.
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Integrity of Parliamentary Process Bill 2005
s. 8
8. House of Review to function independently
An Aligned Member who is a member of the Legislative
Council is not bound by a vote of a Party meeting at which
persons who are not members of the Legislative Council are
5 present and on that matter an Aligned Member is entitled to vote
as he or she thinks fit.
9. Cabinet solidarity
Sections 6,7 and 8 shall not prevent the Premier requiring a
member of Cabinet to abide by the consensus decision of
10 Cabinet or resign his or her office.
10. No participation in voting decisions by Aligned Members if
not an Aligned Member
A person who is not an Aligned Member shall not be present at
or in any way participate in a meeting that purports to bind an
15 Aligned Member as to the manner in which Aligned Members
are to vote in the Parliament upon a particular matter.
Penalty: $50,000.
11. Act of victimisation
(1) A relevant person who takes or threatens to take any detrimental
20 action against a Member because he or she has exercised or
intends to exercise a right conferred by sections 6,7 or 8
commits an act of victimisation.
(2) A relevant person who --
(a) attempts to commit an act of victimisation;
25 (b) intending that an act of victimisation be committed,
incites another person to commit an act of victimisation;
or
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Integrity of Parliamentary Process Bill 2005
s. 12
(c) intending to cause detriment to a Member incites
another person to do an act which if done by a relevant
person would have been an act of victimisation;
commits an act of victimisation.
5 (3) A person who commits an act at the incitement of a relevant
person which if done by a relevant person would have been an
act of victimisation commits an act of victimisation.
12. Victimisation an offence
A person who commits an act of victimisation commits an
10 offence.
Penalty: $50,000 or imprisonment for 4 years.
13. Civil remedies for acts of victimisation
(1) An act of victimisation under this Act may be dealt with under
the Equal Opportunity Act 1984 as if it were an act that was
15 unlawful under section 67 of that Act.
(2) A person who commits an act of victimisation commits a tort
but no action lies with respect to such tort unless and until the
Tribunal has found that the complaint of victimisation has been
substantiated.
20 (3) Where the Tribunal has found that the complaint of
victimisation has been substantiated, the complainant shall be
entitled to register the order of the Tribunal as a judgement with
a court of competent jurisdiction and set the matter down for
assessment of damages.
25 (4) In assessing damages for an act of victimisation, the Court shall
disregard any compensation ordered to be paid to the
complainant pursuant to the Equal Opportunity Act 1984.
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Integrity of Parliamentary Process Bill 2005
s. 14
14. Action by corporate bodies
(1) An act by a person which constitutes an act of victimisation
which occurs in any of the following circumstances --
(a) pursuant to the official processes of a corporate body;
5 (b) when the person doing the act is an officer of a
corporate body and acts in that capacity;
(c) where the act is carried out by two or more persons who
are members of a Party and that Party is incorporated;
shall be deemed also to be the act of the corporate body and the
10 corporate body shall be liable to be prosecuted and to civil
proceedings for that act.
(2) It shall be a defence by a Party where a Party is prosecuted or
sued relying on subsection 13 (1) for the Party to prove that the
Party --
15 (a) was not knowingly involved in the act of victimisation;
(b) did not know and could not reasonably be expected to
have known of the act of victimisation; and
(c) could not, by the exercise of reasonable care and the
powers of discipline of the Party, have prevented or
20 brought to an end the act of victimisation.
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