16 Sept 2011
THE ATTORNEY-GENERAL v LEIGH SC 11/2011
- Citation
- SC 11/2011
- Court
- Supreme Court
The correct test for extending absolute parliamentary privilege to communications outside the House is necessity for the proper and efficient functioning of Parliament; communications of the type in issue (a public servant briefing a Minister to answer a parliamentary question) are not necessarily absolutely privileged and, on the facts, necessity was not shown so only qualified privilege applies; appeal dismissed.