Category: Executive Power

Can Parliamentary Privilege be Used to Shut Down Parliamentary Accountability?

BY ANNE TWOMEY

Parliamentary privilege was established for the purposes of protecting Members of Parliament from being prosecuted or penalised for what they debated in Parliament or from being controlled by the executive in what they were permitted to debate. … Read the rest

A Secretive State: The Collaery Trial and National Security Disclosures

BY KEIRAN HARDY

In August 2019, the intelligence officer known as Witness K indicated he would plead guilty to a conspiracy charge under s 39 of the Intelligence Services Act 2001 (Cth) (ISA). That section prohibits the disclosure of information … Read the rest

Searle v Commonwealth [2019] NSWCA 127 – government contracting and fettering

BY NICK SEDDON

The fettering rule

When government enters into a contract, there is always a potential tension. To what extent does the contract bind the government in a way that may thwart the government’s task of governing? The answer … Read the rest

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