ACT Legislative Assembly


Continuing resolution 4

CITIZEN’S RIGHT OF REPLY

This resolution provides for a citizen’s right of reply for persons or corporations who have been referred to by name or in such a way as to be readily identified in the Assembly, subject to meeting identified criteria.

Resolution agreed by the Assembly

4 May 1995 (amended 6 March 2008)

Protection of persons and corporations referred to in the Legislative Assembly

(1)     Where a person or corporation who has been referred to by name, or in such a way as to be readily identified in the Assembly, makes a submission in writing to the Speaker:

(a)     claiming that the person or corporation has been adversely affected in reputation or in respect of dealings or associations with others, or injured in occupation, trade, office or financial credit, or that the person’s privacy has been unreasonably invaded, by reason of that reference to the person or corporation; and

(b)     requesting that the person or corporation be able to incorporate an appropriate response in the parliamentary record;

if the Speaker is satisfied:

(c)     that the subject of the submission is not so obviously trivial or the submission so frivolous, vexatious or offensive in character as to make it inappropriate that it be considered by the Standing Committee on Administration and Procedure; and

(d)     that it is practicable for the Standing Committee on Administration and Procedure to consider the submission under this resolution;

(e)     that the submission has been received within three months of the making of the statement, unless there are exceptional circumstances in which case the Speaker may allow the submission to be received; (Inserted 6 March 2008)

the Speaker shall refer the submission to that Committee.

(2)     The Committee may decide not to consider a submission referred to it under this resolution if the Committee considers that the subject of the submission is not sufficiently serious or the submission is frivolous, vexatious or offensive in character, and such a decision shall be reported to the Assembly.

(3)     If the Committee decides to consider a submission under this resolution, the Committee may confer with the person or corporation who made the submission and any Member who referred in the Assembly to that person or corporation.

(4)     In considering a submission under this resolution, the Committee shall meet in private session.

(5)     The Committee shall not publish a submission referred to it under this resolution or its proceedings in relation to such a submission, but may present minutes of its proceedings and all or part of such submission to the Assembly.

(6)     In considering a submission under this resolution and reporting to the Assembly the Committee shall not consider or judge the truth of any statements made in the Assembly or of the submission.

(7)     In its report to the Assembly on a submission under this resolution, the Committee may make one of the following recommendations:

(a)     that no further action be taken by the Assembly or by the Committee in relation to the submission; or

(b)     that a response by the person or corporation who made the submission, in terms specified in the report and agreed to by the person or corporation and the Committee, be published by the Assembly or incorporated in Hansard;

and shall not make any other recommendations.

(8)     A document presented to the Assembly under paragraph (5) or (7):

(a)     in the case of a response by a person or corporation who made a submission, shall be succinct and strictly relevant to the questions in issue and shall not contain anything offensive in character; and

(b)     shall not contain any matter the publication of which would have the effect of:

          (i)      unreasonably adversely affecting or injuring a person or corporation, or unreasonably invading a person’s privacy, in the manner referred to in paragraph (1); or

          (ii)     unreasonably adding to or aggravating any such adverse effect, injury or invasion of privacy suffered by a person or corporation.

(9)     A corporation making a submission under this resolution is required to make it under their common seal.

(10)   This resolution has effect from the commencement of the Third Assembly and continues in force unless and until amended or repealed by this or a subsequent Assembly.

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Page last updated on 30 May 2016
2015 Legislative Assembly for the ACT