Hostname: page-component-745bb68f8f-l4dxg Total loading time: 0 Render date: 2025-02-04T20:59:05.477Z Has data issue: false hasContentIssue false
  • English
  • Français

Petitioning Parliament

Published online by Cambridge University Press:  24 January 2025

Robin Handley
Robin Handley*
Affiliation:
University of Wollongong
Get access Rights & Permissions [Opens in a new window]

Abstract

The right of petitioning Parliament is a fimdamental right of the citizen, allowing any individual or body of individuals to take grievances directly before Parliament. It is one of the most direct means of communication between the people and the Parliament. It is by this means that people can voice their concerns to the House on matters ofpublic interest.

Type
Research Article
Information
Federal Law Review , Volume 21 , Issue 2 , June 1993 , pp. 290 - 307
Copyright
Copyright © 1993 The Australian National University

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Standing Committee on Procedure, Report No 267, Responses to Petitions, (1990), para 2. Generally on petitioning the Commonwealth Parliament, see JR Odgers, Australian Senate Practice (6th ed 1991) and A R Browning (ed), House a/Representatives Practice (2nd ed 1989).

2 Bill of Rights 1689, section 5, discussed below.

3 W S Holdsworth, A History of English Law (1938 ed) Vol IO, 696 ff.

4 I Will and Mary, sess 2, c 2 (1689). TheBill of Rights is sometimes given the date 1688 because the Declaration of Right was passed on 13 February 1689 and at that time and until theCalendar (New Style) Act 1750, the new calendar year began on 25 March rather than on 1 January. However, the Declaration was not enacted in statutory form, as the Bill of Rights, until 25 October 1689.

5 Fellman, D, The Constitutional Right of Association (1963) 4-5, citing Cobbett's Parliamentary Debates (1669) 432-33Google Scholar.

6 The Seven Bishops' case (1688) 12 St Tr 427.

7 Holdsworth W S, supra n 3, 700.

8 Discussed more fully in R P Handley, “Public Order, Petitioning and Freedom of Assembly” (1986) 7 J Legal History 123, 130.

9 Schwarz, B, The Bill of Rights-A Documentary History (1971) Vol i, 216.Google Scholar

10 Ibid 266 - Article XVI.

11 Ibid Vol ii, 765 -Article 15.

12 Ibid 933, 968.

13 Ibid 1089-1090; K Lipez, “The Law of Demonstrations: The Demonstrators, the Police, the Courts” (1967) 44 Denver L J 499, 534-535.

14 House of Commons, Parliamentary History (1795) Vol 32,274.

15 Ibid 219.

16 Ibid 283.

17 RP Handley, supra n 8, 135.

18 Leys, C, “Petitioning in the Nineteenth Centuries” (1955) 3 Political Studies 45, 48CrossRefGoogle Scholar.

19 Campion, G (ed), Erskine May A Treatise on the I.Aw, Privileges, Proceedings and Usage of Parliament (l4th ed 1946) 705, 1011-1012Google Scholar.

20 Handley, RP, supra n8, 138-141Google Scholar.

21 (1965) 240 F Supp 100, 106. See also De Jonge v Oregon (1937) 299 US 353.And for an earlier case, see United States v Cruickshank (1876) 92 US 542, 552 per Waite CJ.

22 Bossuyt, M J. Guide to the 'Travaux Preparatoiresn of the International Covenant on Civil and Political Rights (1987) 419.CrossRefGoogle Scholar

23 For example, Partsch, K J, “Freedom of Conscience and Expression, Political Freedoms” in L Henkin (ed), The International Bill of Rights (1981) 209, 238 ff.Google Scholar

24 Imperial Acts Application Act, 1969 (NSW); Imperial Acts Application Act 1980 (Vic) and Imperial Laws Re-enactment Act 1980 (Vic); Imperial Acts Application Act 1986 (ACT). Section 10 of the Bill of Rights (in particular, “excessive fines” ought not to be imposed) was recently referred to by Kirby P in his judgment in Smith v The Queen (1991) 25 NSWLR I. In this case, Kirby P's fellow judges did not agree with his conclusion that an excessive fine had been imposed. See JG Starke, “Durability of the Bill of Rights 1688 as part of Australian Law” (1991) 65 ALI 695.

25 The Bill of Rights refers to “subjects” of the King: presumably, therefore, allcitizens and permanent residents would be entitled to exercise this right.

26 [1986] QB 1090, 1104, quoted in J Bell & G Engel, Cross on Statutory Interpretation (2nd ed 1987) 177. See also EA Driedger, The Interpretation of Statutes (1974) 137.

27 (1982) 152 CLR 25, 108-109. See also Sillery v R (1981) 55 ALJR 509, 513.Discussed by N O'Neill, “Constitutional Rights in Australia” (1987) 17 FL Rev 85.

28 Millerv TCN Channel Nine (1986) 67 ALR 321 per Gibbs CJ 327, per Mason J 334-335,perBrennanJ 361-362, and per Dawson J 377. Toe no on of a common law doctrine of fundamental rights was also specifically rejected by the New South Wales Court of Appeal in Building Construction Employees and Builders LAbourers Federation v Minister for Industrial Relations (1987) 7 NSWLR 372. Discussed· by N O'Neill, “Blue-eyed Babies may be murdered. Dicey's First Principle upheld in the Court of Appeal” (1987) 12 Legal Service Bulletin 2. Toe NSW Court of Appeal followed the Privy Council decision in Liyanage v TheQueen [1967] 1 AC 259, 284-285, and a statement by Lord Reid in British Railways Board v Picken [1974) AC 765, 782.

29 Senate Standing Order (hereafter 'SO') 70(1).

30 Senate SO 70(7).

31 For example, not insulting the Queen, the Governor-General, Members of Parliament or the judiciary. A R Browning, supra n 1, 748.

32 Senate SO 71(2).

33 Senate SO71(1).

34 NSW Legislative Council SO 46; NSW Legislative Assembly SO 96. On 10 December 1991, a petition was ruled out of order in the Legislative Council on this ground.

35 For the recommended form of a petition to the House of Representatives, see below 307.

36 NSW Legislative Assembly SO 81.

37 A R Browning, supra n I, 750. For examples, see J R Odgers, supra n I,292-293.

38 AR Browning, supra n I, 745.

39 Ibid 752.

40 Section 16(1) declares that s 9 of the Bill of Rights, 1688 applies to the Parliament of the Commonwealth.

41 Senate Committee on Privilege Report, Report No 46, The Circulation of Petitions, (1988), para 25.

42 See also AR Browning, supra n I, 753.

43 Ibid 749; JR Odgers, supra n I, 295-296.

44 In the NSW Legislative Assembly, item 3 in the order of business after Ministerial Statements and Questions (SO 74), except on Thursdays, when the Presentation of Petitions is item 9 (Sessional Order adopted 13 November 1991).

45 In the NSW Parliament, petitions may be presented on each sitting day.

46 Until 1972, in the case of the House of Representatives, and 1974 in the case of the Senate, petitions were presented personally by members. But with the increased number of petitions from the early 1970s, this became too time consuming. AR Browning, supra n 1, 750; 1 R Odgers, supra n 1, 289.

47 For example, JR Odgers, supra n I, 296.

48 1 R Odgers notes that “there is no record of any petition, conforming with the Standing Orders, being rejected by the Senate”. However, the NSW Legislative Assembly rejected a petition for abortion law reform in April 1971. J R Odgers, supra n 1, 297.

49 In 1970, the Select Committee on Wildlife Conservation was appointed following a motion on a petition on the export of kangaroo products: Standing Committee on Procedure (1990) supra n I, para 6.

50 Standing Committee on Procedure (1990) supra n I, para 2.

51 Ibid para 11, quotingHRDeb 1972, Vol 77, 1707.

52 Ibid para 11.

53 Standing Committee on Procedure Report No 108, Days and Hours of Sitting and the Effective Use of the Time of the House (1986).

54 Standing Committee on Procedure (1990) supra n I, para 14.

55 JR Odgers, supra n I, 298-299.

56 Standing Committee on Procedure (1990) supra n I, para 21.

57 Department of the House of Representatives, Annual Report (1991), 58.

58 Standing Committee on Procedure, supra n 1, para 2.

59 JR Odgers, supra n 1, 300.

60 See below 304-305.

61 See below 306.

62 Report No 20 (1972); Report No 108 (1986); Report No 267 (1990).

63 Standing Committee on Procedure (1986) supra n 53, para 115.

64 Ibid para 117.

65 Ibid para 121.

66 AR Browning, supra n 1, 750.

67 The latest Hansard available at the time of writing.

68 Information supplied by the Petitions Officer.

69 For example, the Department of Social Security: Social Security Act 1991, Part 6.1, ss 1239-1243.

70 Supran 1.