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Title

Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Referral of matters for inquiry

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

649

Section No.

 

System Id

procedural/practcer/chapter18.46.doc


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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Referral of matters for inquiry



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House of Representatives                                Ch 18                                                 p 649

 

Parliamentary committees / CONDUCT OF INQUIRIES

 

Referral of matters for inquiry

The range of matters a committee is able to investigate or inquire into is restricted by the terms of reference contained in the relevant standing or sessional orders or resolution of appointment (or Act, in the case of a statutory committee). A committee may have no power of inquiry (e.g. Selection Committee) or it may be free to determine its own inquiries within a general subject area (e.g. Procedure Committee). However, for most committees, inquiries are referred by the House, a Minister, or in some cases the Speaker. A matter may also be referred to a committee by legislation. 1

Although technically the general purpose standing committees cannot initiate their own references, in practice they may either take the initiative and seek a reference or at least be involved in considering and negotiating suitable terms of reference. 2 In addition, the ability to consider annual reports and Auditor-General’s reports enables these committees on their own initiative to address matters dealt with in such reports, and this may lead to informal discussions with officials, or to formal hearings. Such consideration may cause a committee to recommend that a reference be given to it on a particular subject, 3 or it may pursue the issues through its own resolution within the ambit of the annual or Auditor-General’s report.

When a matter is referred, a committee would normally formally resolve to accept the reference. 4 It has been considered that, although a Minister may refer a matter to a committee, a Minister is not able to withdraw a reference from a committee.



Not necessarily to a statutory committee—for example, s. 8F of the International Monetary Agreements Act 1947 provided that ‘A national interest statement tabled in the Parliament under section 8D shall stand referred for inquiry and report within two months of the reference to the Joint Standing Committee on Foreign Affairs, Defence and Trade constituted under resolutions of the Senate and the House of Representatives’.



E.g. Standing Committee on Community Affairs, minutes 5.9.89, 24.7.90; Standing Committee on Transport, Communications and Infrastructure, minutes 27.6.90.



E.g . Standing Committee on Banking, Finance and Public Administration reports on annual reports of the Reserve Bank, PP 158 (1994); and of the Insurance and Superannuation Commissioner, PP 174 (1995).



E.g. Standing Committee on Transport, Communications and Infrastructure, minutes 24.11.93.