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House of Representatives                                Ch 18                                                 p 698

Video and teleconferencing

Committees are authorised to use electronic communication devices in order to take oral evidence from a witness who is not in attendance at a meeting of the committee, and to enable committee members not in attendance to participate in a public or private meeting. A quorum of members in one physical location is not necessary. Standing order 235(b) provides:

A committee may resolve to conduct proceedings using audio visual or audio links with members of the committee or witnesses not present in one place. If an audio visual or audio link is used, committee members and witnesses must be able to speak to and hear each other at the same time regardless of location. A committee may resolve for a subcommittee to use audio visual or audio links.

The following guidelines have been issued by the Procedure Committee to assist committees in deciding whether to conduct meetings using audio visual or audio links; they are to be used by each committee as it sees fit:

1. Audio visual or audio links may be used for deliberative meetings or for hearing oral evidence from witnesses or for any other proceeding described in standing order [235(b)].

2. Audio visual or audio links should only be used to hear evidence in camera if the committee is satisfied that the evidence will not be overheard or recorded by any unauthorised person and that the transmission is secure.

3. The following factors should be considered by a committee in deciding whether an audio visual or audio link is suitable for use in any particular circumstance:

(a) whether use of the link will confer any benefit not available using traditional meeting processes eg cost or time savings, access to evidence not otherwise obtainable;

(b) any benefit of traditional methods which may be lost. These may include the value of the committee being present at a location away from Canberra; the benefit of including regional, rural and remote areas in the work of the committee; the value of the public being able to observe the committee at work; or possible restrictions on the committee being able to interact freely with a witness;

(c) real cost comparisons of alternative means of evidence collection;

(d) the type of evidence to be heard. Specialist or expert evidence may be suited to hearing in this way. Audio visual or audio links may make it feasible to hear evidence from witnesses located outside Australia, however, the committee should take into account the fact that the protection afforded by parliamentary privilege would not extend beyond Australia; and

(e) whether evidence is likely to be contentious or a witness needs to be tested rigorously for truthfulness or there is any concern about the identification of the witness. If the committee wishes to administer an oath an authorised officer must be present with the witness to administer it.

4. Any other factors which the committee considers relevant should be taken into account and a decision made appropriate to the particular circumstances of the proceeding, inquiry or witness. ¹

An example of a public hearing conducted by video conference was a hearing of the Aboriginal and Torres Strait Islander Affairs Committee on 3 November 2003—the committee meeting was in Parliament House and the witnesses in Darwin.

Standing order 235 does not preclude committees from using other typ es of electronic communication—for example, fax, email, internet chat facilities—for purposes other than conducting formal proceedings.

VP 1998-2001/1985.