Hansard debates

                          PARLIAMENTARY PRECINCTS BILL
                                 Second reading

  Mr BRACKS (Premier) -- I move:
That this bill be now read a second time.
Honourable members will  be aware that in  the Parliament the Presiding Officers
of both houses  of Parliament hold ultimate  authority over, and  responsibility
for the security of the Parliament. This is one of the privileges of Parliament,
namely, the ability of Parliament to secure itself against outside interference.
In this way, Parliament is  the only place of  its  kind in which the  Presiding
Officers have exclusive jurisdiction.

The  police are subject to the authority of  the  Presiding  Officers  and  they
cannot  perform any duty  within  the Parliament without  the Presiding Officers
prior consent. This parliamentary privilege is a longstanding principle; however
its nature and extent remain obscure.
When the  Scrutiny  of  Acts and  Regulations  Committee reviewed  the  Unlawful
Assemblies  and Processions Act 1958,  the committee received  a submission from
the  Presiding Officers recommending  that specific  legislation which clarified
the area of  the  parliamentary precincts and  the  authority of  the  Victorian
Parliament  to  provide  for the security of that area was needed. The committee
accepted  that  submission  and  recommended  the  enactment  of   parliamentary
precincts legislation.
This bill  implements each of  the objectives of the  legislation recommended by
the committee.

The existing parliamentary  privilege will be  modified only to the  extent that
this  bill  gives  additional powers  to  the  police  and  protective  services
officers.
The  area  of the  parliamentary  precincts  is specified  with  more precision,
removing former doubts concerning the Spring Street boundary.  The incorporation
of  the Surveyor-General's plan  into  this bill  clarifies  that the  precincts
commence at the first step adjoining the  footpath at  Spring Street.  I am sure
every honourable member will be pleased about that. The  bill  also provides for
additional  premises  used by  the Parliament  to be  added to  the area  of the
parliamentary precincts by order of the Governor in Council.
The bill enhances the ability of the Presiding Officers to secure the Parliament
by  giving  them clear  responsibility  for  the control  and  management of the
parliamentary precincts.

The Presiding Officers can grant leases or give licences to  enter parts  of the
precincts and make  arrangements  for  entry  into the precincts for works to be
performed. These powers do not interfere with the role of the House Committee to

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manage the refreshment rooms  within  the  Parliament  and supervise maintenance
works.
The Presiding Officers and senior parliamentary  officers, such as the  Usher of
the  Black  Rod,  the Serjeant-at-Arms and the Clerks of both houses are granted
specific  powers to secure  the Parliament. More  importantly, these powers  are
also granted  to police and  protective  services officers  and  are exercisable
without the Presiding Officer's prior consent. The  crucial power is the ability
to direct persons to leave or not enter the parliamentary precincts. Persons who
do  not  comply with  these  directions  can be  forcibly  removed or  arrested.
Offences  are  prescribed  for  failing  to comply  with  a  direction  from  an
authorised officer to leave or not enter the precincts.

In  addition to  the granting  of specific powers  to the  police the  bill also
enables the Presiding  Officers to enter a memorandum of understanding  with the
Chief Commissioner of Police. This memorandum can contain an agreement as to the
manner of exercise of any powers granted to the police  or  protective  services
officers or give them additional powers by agreement. Any powers granted by this
bill  to  the police or  parliamentary  officers remain  subject  to the overall
supervision of the Presiding Officers.
The  powers  of the Presiding Officers to  grant  leases  or  licences  or  make
arrangements for entry  into  the  precincts for works to be performed cannot be
delegated. Otherwise the powers of the Presiding Officers under this bill may be
delegated to senior  parliamentary  officers, save for their overall supervision
of the precincts.

Finally, the bill repeals the restrictions on assemblies around Parliament House
imposed by the Unlawful  Assemblies and Processions  Act 1958. A prohibition  on
groups  which assemble around the  Parliament to protest  or  raise awareness of
public issues is completely inconsistent with a democratic society.
I  am sure  that all  members will  support the  clarification of the  powers of
police and parliamentary officers  in this bill to secure the Parliament without
impairing Parliament's  inherent  privileges  to  protect  itself  from  outside
interference.  Additionally, I  am  sure that all  members  will agree that  the
repeal of outdated and undemocratic restrictions on the right to protest is long
overdue.
I commend this bill to the house.
Debate adjourned on motion of Mrs ELLIOTT (Mooroolbark).

Debate adjourned until Thursday, 5 April.