CHAP. XXVI PARLIAMENTARY PRIVILEGES a. For the House 237 1. To decide on the validity of its own elections.1 (This privilege is also specially guaranteed in Victoria by §§ 291-308 of the Constitution Act Amendment Act, 1890.) 2. To regulate its own internal affairs.2 3. To have access to the Crown by its Speaker.3 4. To punish for contempt, by imprisonment or expulsion.4 5. To maintain secrecy of debate.5 b. For the individual members 1. Freedom from arrest in civil cases eundo morando et redeundo. 2. Immunity from being summoned as witnesses and from serving on juries.7 3. Immunity from proceedings in respect of words uttered in the House.8 Moreover, for purposes of convenience, the Parliament of Victoria has bound itself to recognise as prima facie evidence upon any inquiry respecting its privileges the Journals of the House of Commons purporting to be printed at the order or by the printer of that House." The following classes of persons are ineligible as candidates for a seat in Parliament 1. Aliens.10 1 This privilege was secured by the House of Commons in the reigns of Elizabeth and James I., and at the passing of the Constitution Statute was exercised under the provisions of the 11 & 12 Vic. c. 98. It has since been abandoned. 2 Asserted by Coke (4 Inst. 15) as the lex et consuetudo Parliamenti. 3 See authorities quoted in May, Parliament (6th ed.), p. 63. 4 Recognised in Ashby v. White, 17 Lords J. 714 (imprisonment), and constantly practised, and in Wilkes' Case (1764), expulsion. But the House cannot create a permanent disability upon the expelled member. See also Victorian cases, In re Dill. 2 W. and W. (L.) 171, and Speaker v. Glass. L. R., 3. P. C., 560. This privilege has been practically abandoned since the end of the last century. 6 Recognised (inter alia) by 10 Geo. III. 50. The privilege does not, however, prohibit any process which does not involve personal arrest, and it does not extend to protect members from deliberate contempt of the superior courts (cf. Long Wellesley's Case, 1831). The period of eundo, morando, et redeundo is generally taken to cover forty days before and after each session. 7 The first of these privileges is rarely exercised, the second is recognised by the 6 Geo. IV. c. 50. 8 This privilege is guaranteed by a long series of precedents from Haxey's Case (1 Hen. IV.) down to the Bill of Rights (art. ix.) 9 Constitution Act Amendment Act 1890, § 11. It should be noticed that in Victoria members of Parliament are subject to one special restriction. If they accept a non-responsible office of profit under the Crown (except that of Judge of the Supreme Court or Agent - General) whilst in Parliament, or within six months after leaving it, they are subject to a fine of £50 for every week that they hold the office. (Constitution Act Amendment Act 1890, § 25.) 10 Constitution Act Amendment Act 1890, §§ 35 and 124. 2. Women1 (? for the Assembly). 3. Minors (under 30 years for the Council, under 21 for the Assembly).2 4. Judges of any court in Victoria.3 5. Ministers of religion of any denomination.4 6. Government contractors.5 7. Uncertificated bankrupts or insolvents. 8. Holders of offices of profit under the Crown (except Ministers specially rendered eligible).7 9. Persons who have been attainted of treason, or convicted of felony or infamous offence in the British dominions.8 Moreover a member vacates his seat if he— 1. Absents himself without permission of the House for a whole session." 2. Takes any oath or declaration of allegiance or adherence to a foreign power, or becomes a subject of a foreign state.10 3. Becomes bankrupt, or insolvent, or a public defaulter.11 4. Is attainted of treason or convicted of felony or any infamous crime.12 5. Becomes non compos mentis.13 6. Enters into a government contract. 14 7. Resigns by writing addressed to the Governor (for the Council), or the Speaker (for the Assembly).15 In the methods of their elections the Council and the Assembly differ a good deal, but as the outlines of the scheme are the same in both cases, it is possible, in what does not profess to be a manual of practice, to treat them together. The constituencies of the Council are arranged in "provinces" and those of the Assembly in "districts." 16 There are fourteen electoral provinces and eighty-four electoral districts." Both provinces and districts are subdivided into "divisions." 18 There 1 Constitution Act Amendment Act 1890, § 35 (Council). There appears to be no statutory prohibition of women candidates in the case of the Assembly. 2 Ibid. §§ 35 and 124. 3 Ibid. § 26 (Council). Constitution Act, § 11 (Assembly), where, however, the restriction only extends to judges holding during good behaviour. 4 Ibid. § 35. Constitution Act, § 11. On the 14th of August 1877 it was resolved by the Legislative Assembly that a minister of religion publicly evidencing his withdrawal from ministerial functions prior to his election to the Assembly is not disqualified by § 11 of the Constitution Act (V. and P. Leg. Assembly, 14th August 1877). 6 Ibid. §§ 25 and 125. 5 Ibid. § 18. 7 Ibid. § 12. This disqualification does not exclude persons occasionally employed in the naval and military services of Victoria (Defences and Discipline Act 1890, § 52). 8 Constitution Act, § 11. 9 Constitution Act, § 24. Constitution Act Amendment Act 1890, § 35. 14 Constitution Act Amendment Act 1890, § 19. 15 Constitution Act, §§ 8 and 23. 16 Constitution Act Amendment Act 1890, §§ 30 and 122. 17 Ibid. § 30, and Sched. 17. 18 Ibid. Sched. 3 and 17. 13 Ibid. CHAP. XXVI THE ELECTORAL ROLLS 239 is an electoral registrar (with deputies where necessary) for each division,1 paid by salary,2 whose duties are to keep and publish rolls of the persons claiming to be entitled to vote for their respective divisions, and to issue to them certificates of the fact (known as "elector's rights") upon payment of a small fee.3 Before issuing such certificates, the registrar must put to the applicant a series of questions with respect to his title to a vote, and the answers to these questions are signed by the applicant on the counterfoil of the certificate, any wilfully false answer constituting perjury.* Any right issued for one division of a province or district may be transferred to another division of the same province or district upon satisfactory proof of qualification," and defaced rights may be reissued. No elector's right will be issued to an inmate of an elementary or charitable institution." On the 1st of December in each year the registrar prepares an electoral list for his division, and on the 1st of June a supplementary list containing the names of claimants whose rights have been issued since the last publication of the electoral rolls. Within a limited period from these respective dates he transmits printed copies to the clerk of the revision court for his division, and advertises the roll for inspection." 8 Objections to the claims are sent to the registrar and the claimants in question within a fortnight 10 after the publication of the rolls, and are by the registrar forwarded in lists to the clerk of the revision court. The registrar is bound to accept the answers of the claimants applying for elector's rights, but he may note them as "objected to" in the lists sent to the revision court." 11 The revision court for a division is the court of petty sessions usually holden nearest the electoral registrar's office, if such court be within the division, and must consist of two justices or a police magistrate in the case of the Council, and a county court judge or a police magistrate for the Assembly.12 1 Constitution Act Amendment Act 1890, §§ 53 and 136. 2 Ibid. §§ 55 and 138. 6 Ibid. §§ 71-73, 154-156. 3 Ibid. §§ 62 and 145. 4 Ibid. §§ 63 and 146. (The punishment in case of the Council is limited to imprisonment for six months.) 5 Ibid. §§ 64-69, and 147-152. Fresh elector's rights are issued every three years 7 Ibid. § 59. 8 Ibid. §§ 76, 77, 159, 160. period for the Council is twenty-one days, for the 10 Eighteen days for the Assembly, ibid. § 164. 12 Ibid. §§ 86, 175. (§§ 101 and 193). 9 Ibid. §§ 79, 162. (The Assembly thirty-three). 11 Ibid. § 81. The court in the former instance sits on the fourteenth days after the latest dates for sending in objections, viz. on the 18th January and the 18th July, and in the months of February and August in the latter. It may hear evidence, and may strike out or insert names.3 The list as certified by the court becomes the electoral roll for the division. It includes, not only the list of elector's rights issued by the registrar, but also the list of municipal ratepayers within the division, furnished by the clerk of the municipal district or districts within which the division lies, subject to objection and revision as in the case of the list of elector's rights.5 Prior to any election the Governor in Council appoints a returning officer for each division of a province or district, and the returning officer and his deputies are incapable of being candidates for the constituency to which they are appointed, at least until fourteen days after resigning their offices. The Governor in Council also appoints one polling-place for each division, or more, if it is certified by the returning officer and any police magistrate or superintendent acting in the locality that more are necessary.7 The writs for the election of members of the Council are issued by the President, or in his absence or incapacity by the Governor.9 Writs for general elections to the Assembly are issued by the Governor 10 within seven days from the dissolution of the preceding Assembly.11 Writs for bye-elections are issued by the Speaker.12 Every writ for the election of a member of Parliament contains the following particulars 1. The number of members to be elected, and the constituency for which they are to serve.13 2. The day before which nominations must be sent in to the returning 1 Constitution Act Amendment Act 1890, § 86. 3 Ibid. §§ 87-94, 176-183. 2 Ibid. § 175. 4 Ibid. §§ 95-97, 184-186. 5 Ibid. §§ 104-108, 168-174. The ratepayers' list is included because they are entitled to the franchise under §§ 43 and 135. 6 Ibid. §§ 204, 205. 8 Ibid. § 208. Formerly by the Governor. (32 Vic. No. 334, § 2). 10 Ibid. §§ 209, 210. 7 Ibid. § 207. The change was made in 1868 9 Ibid. § 208. 11 Ibid. § 211. clear days' notice to the (Chief 12 Ibid. § 210. The Speaker must give two Secretary), who must forthwith publish the notice in the Government Gazette (§ 215). 13 See form in Sched. xxx., xxxi, CHAP. XXVI PROCEEDINGS AT ELECTIONS 241 officer. (For the Council this must be not less than 7 nor more than 14 clear days,2 and for the Assembly not less than 4 nor more than 7 clear days 3 from the issue of the writ.) 3. The day for the polling, if required. (For the Council not less than 10 nor more than 14,5 for the Assembly not less than 4 nor more than 76 clear days from the day on which nominations must close. In the case of a general election, all elections must take place on the same day.7) 4. The polling-places appointed.8 5. The day for the return of the writ to the person who issues it. (This must be within 40 days of the issue.") On the receipt of the writ, the returning officer must endorse upon it the date of its receipt,10 and publish its purport and the details above enumerated in the newspapers." 11 He must also announce a place at which he will be prepared to receive nomination papers and deposits.12 He must also appoint a substitute to act for him in case he becomes incapacitated,13 and, as the nominations come in, he must post daily the names and descriptions of candidates nominated,14 16 Candidates must be nominated by a written paper in statutory form, signed by at least ten electors, and containing the names and descriptions of the candidates, who must testify by their signatures to the acceptance of the nomination.15 Each nomination must be accompanied by a deposit of £100 (in case of an election to the Council) or of £50 (in the case of an election to the Assembly), and, in the former case, also by a declaration of the candidate's property qualification.' If the candidate at a contested election does not obtain one-fifth of the votes of the lowest successful candidate, he forfeits his deposit towards the expenses of the election.1 But if he is successful, either with or without opposition,18 or if he obtains one-fifth of the votes of the lowest successful candidate,19 or if he retires, with the consent of seven of his nominators, in a formal way, two clear days at least before the day fixed for the polling,20 his deposit is returned to him. 17 1 §§ 212, 216. 4 § 216. § 214. 7 § 214. "Elections" probably means "pollings, where pollings are necessary." 8 § 216. 2 § 213. 5 § 213. 9 §§ 208, 216. |