What immunity do politicians have in Australia?

This video is the third in a series about immunity. It deals with the immunity from legal proceedings that is held by Members of Parliament and Ministers in Australia. Earlier videos dealt with the immunity of the US President and the comparative immunity of the King and vice-regal officers in Australia.

This video addresses the limited immunity held by Members of Parliament as a result of their privilege of freedom of speech in parliamentary proceedings arising, via s 49 of the Commonwealth Constitution, from article 9 of the Bill of Rights 1689 and the Parliamentary Privileges Act 1987. It also mentions the immunity from arrest in civil causes that would prevent a Member from attending parliamentary proceedings.

The video addresses claims that Members of Parliament are subject to the 'exclusive cognisance' of Parliament and cannot therefore be prosecuted in the courts. It discusses how this claim has been rejected by the courts.

The video then discusses similar claims made by Ministers, about their exclusive accountability to Parliament, and their rejection. It discusses cases that have dealt with 'misconduct in public office' and corruption by Members and ministers.

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