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| Untersuchte Arbeit: Seite: 107, Zeilen: 1-9 |
Quelle: Griffith 2007 Seite(n): 62, Zeilen: 7-19 |
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| [Bringing these cases together, Neil Laurie, Clerk of the Queensland Legislative Assembly, comments that the determinative factor for the courts when deciding if a report, decision or investigation constitutes a parliamentary proceeding is ‘the nature of the role of the body in each case, the particular function being discharged and their relationship with the Parliament or committee] of the Parliament’.325 Irrespective of whether a committee, commission or commissioner is created by statute, the issue is whether its work, in the circumstances in question, is fundamentally an extension of the Parliament’s proceedings:
What is important is to determine whether the functions of the investigation are primarily directed to assisting the Parliament discharge its functions or, more particularly, whether the investigation, decision or report itself is a proceeding of the Parliament.326 9.3 Parliamentary Proceeding and Effective Repetition 325 Gareth Griffith, Parliamentary Privilege: Major Developments and Current Issues, http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/0/18DBE18C7D65CDF0CA 2572D100091751/$File/ParliamentaryPrivelige07.pdf. 326 N.Laurie, Parliamentary Committees, Commissioners, Independent Commissions – Parliamentary Privilege and Judicial review of Decisions, Investigations or Reports’, Australasian Parliamentary Review, Spring, 2002. |
Bringing these cases together, Neil Laurie, Clerk of the Queensland Legislative Assembly, comments that the determinative factor for the courts when deciding if a report, decision or investigation constitutes a parliamentary proceeding is ‘the nature of the role of the body in each case, the particular function being discharged and their relationship with the Parliament or committee of the Parliament’. Irrespective of whether a committee,
commission or commissioner is created by statute, the issue is whether its work, in the circumstances in question, is fundamentally an extension of the Parliament’s proceedings: What is important is to determine whether the functions of the investigation are primarily directed to assisting the Parliament discharge its functions or, more particularly, whether the investigation, decision or report itself is a proceeding of the Parliament.226 6.3 Parliamentary proceedings used to support legal proceedings – ‘effective repetition’ 226 N Laurie, n 216, pp 228-229. |
Art und Umfang der Übernahme bleiben ungekennzeichnet. |
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