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House of Representatives                                Ch 18                                                 p 648

Powers of joint committees

Doubts have been expressed as to whether joint committees are invested with the same powers, privileges and immunities as the committees of the individual Houses. ¹ These doubts have been expressed because section 49 of the Constitution invests the two Houses and the committees of each House with the powers, privileges and immunities of the House of Commons at the time of Federation. No express mention is made of joint committees. If joint committees were not covered by section 49, the implications could have far-reaching and significant effects for those without relevant statutory provisions. However, it is relevant that section 3 of the Parliamentary Privileges Act 1987 provides that, in the Act, ‘committee’ means a committee of a House or of both Houses (and subcommittees).

In response to a request by the Joint Committee on War Expenditure in 1941, the Solicitor-General advised that in his opinion absolute privilege attached to evidence given before a joint committee just as it did to evidence given before a select committee of one House. He also gave the opinion that a joint committee authorised to send for persons, papers and records had power to summon witnesses. He suggested that it was doubtful, however, whether a joint committee had the power to administer oaths to witnesses. ²

See Odgers , 11th edn, pp. 369-70; but see also Geoffrey Lindell, ‘Parliamentary inquiries and government witnesses’, Melbourne University Law Review , vol. 20, 1995, pp. 392-3, expressing the view that such doubts are not well founded.

Opinion of Solicitor-General, dated 8 August 1941.