The Presiding Officers of the Legislative Council and the Legislative Assembly, and the Commissioner of the Corruption and Crime Commission have together signed an historic Protocol designed to ensure the Commission can properly undertake investigations relating to parliamentarians, while respecting parliamentary privilege.

The Protocol covers matters relating to the execution of search warrants on Parliamentarians’ premises, and the determination of claims of immunity from the production of materials considered subject to parliamentary privilege. 
The aim of the Protocol is to ensure the execution of search warrants don’t improperly interfere with the functioning of Parliament or the Commission; that the Commission receives relevant materials in a timely manner; that there is proper opportunity to raise claims that any materials should be subject to parliamentary privilege and that the Commission can fulfil its obligations while respecting parliamentary privilege.

It applies to search warrants being executed at any premises occupied or used by a Member or former Member of Parliament and to exercise powers to obtain material pursuant to a compulsory notice issued under the Corruption, Crime and Misconduct Act. 

The Protocol states that the Commission will, at least a day before and on a confidential basis, inform the Presiding Officer of the House that a search warrant is to be executed, and that evidentiary material cannot be placed beyond the reach of the Commission simply because it is held by a Member or is on premises used or occupied by them.

Where a compulsory notice is likely to require the production of material subject to parliamentary privilege, the Commission will also inform the Presiding Officer of the House on a confidential basis.

The document sets out a number of agreements about the processes to be followed in the execution of a search warrant and the general procedure to be followed if parliamentary privilege is claimed. 

Read the protocol

Protocol - Corruption and Crime Commission, and Legislative Council and Legislative Assembly.pdf