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Your right of reply

What are your rights if a member mentions you in a debate?

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What is the right of reply?

Members of Parliament are granted parliamentary privilege. This right allows them to debate and speak freely on a wide range of issues, without fear of litigation.

You cannot take legal action against a member if they mention you in a parliamentary debate. However, you may be able to respond in writing and have your response published in the parliamentary record. This process is called a right of reply.

The Legislative Assembly and Legislative Council have different rules and procedures.

If the statement was made by a member of the Council

To make an application for a right of reply, you must show that you or your organisation were named in by a member during debate in the Chamber or can be easily identified.

As a result of the remarks, you must have suffered at least one of the following:

  • an adverse impact on your reputation, or in your dealings or associations with others
  • injury to your occupation, trade, office or financial credit
  • unreasonable invasion of your privacy.

Your application cannot be not trivial, frivolous, vexatious or offensive. 

Send a letter to the President, asking that you be granted the right and opportunity to incorporate an appropriate response in the parliamentary record.

Your letter should outline what was said, and how it has led to:

  • an adverse impact on your reputation, or in your dealings or associations with others; or
  • injury to your occupation, trade, office or financial credit; or
  • an unreasonable invasion of your privacy.

Address your letter to the President of the Legislative Council and send it to president@parliament.vic.gov.au. 

The President reviews your submission and decides whether to accept it. If the President accepts your submission, they will recommend the Council either:

  • takes no further action; or
  • allows a response from you to be published by the Council as a parliamentary paper and incorporated in Hansard.

The President makes this recommendation based only on your submission. They will not investigate any allegations or judge the truth of the member’s comments or your submission. 

You cannot appeal the President’s decision.

Prior to the response being published, the President must give notice of the submission to the member who made the remarks. 

If the statement was made by a member of the Assembly

To make an application for a right of reply, you must show that you were named by a member during debate in the Chamber or can be easily identified.

The member must have referred to you personally. You cannot apply on behalf of corporations, businesses, firms, organisations or institutions.  

You must show that, as a result of the remarks, you have suffered at least one of the following:

  • an adverse impact on your reputation, or in your dealings or associations with others
  • injury to your occupation, trade, office or financial credit
  • unreasonable invasion of your privacy.

Your application cannot be trivial, frivolous, vexatious or offensive.

You must make your application promptly. If more than six months have passed since the member’s remark in the Chamber, your application will only be considered if there are exceptional circumstances (for example, serious illness or absence overseas). A late application will not be considered only because you were not aware of your right of reply.  

You should send a letter to the Speaker, applying to make a response. Your letter should outline what was said in the Chamber, and how it has led to:

  • an adverse impact on your reputation, or in your dealings or associations with others;
  • injury to your occupation, trade, office or financial credit; or
  • unreasonable invasion of your privacy.

Address your letter to the Speaker of the Legislative Assembly and send it to speaker@parliament.vic.gov.au.

The Speaker then decides whether to refer your application to the Privileges Committee. You will be contacted with the Speaker’s decision. You cannot appeal. 

The Committee decides whether your application is serious enough for a full review. The Committee’s secretary will contact you with the Committee’s decision. You cannot appeal the decision.

If the Committee decides to hold a full review, you may be asked to draft a response to the member’s statement. The Committee secretary will advise you how to prepare your draft. 

The Committee will present a report to the Assembly. In the report the Committee can recommend:

  • the Assembly takes no further action; or
  • publication of your response, either in the Committee’s report or in Hansard.

The Committee does not investigate any allegations, or judge the truth of either the member’s comments, or your response.