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House of Representatives                                Ch 18                                                 p 654

Evidence from Commonwealth public servants

In 1989 a government paper entitled Government guidelines for official witnesses before parliamentary committees and related matters was presented to the House. ¹ This paper set down similar guidelines to those originally presented in 1978 and updated in 1984. ² As the title suggests the guidelines are intended to provide general guidance, and not inflexible rules. Basically their purpose is to assist Commonwealth public servants appearing before parliamentary committees by informing them of the principles they are required by the Government to follow. However, the guidelines state that they must be read in conjunction with relevant parliamentary and statutory provisions. ³

The guidelines set out the Government’s views on matters such as: attendance at committee hearings; the Government’s expectations in the content of submissions; privilege considerations; aspects which might give rise to claims for public interest immunity; publication provisions; means of correcting evidence; and discretions relating to the extent to which the guidelines are applied.

Whilst these guidelines have not been accepted or endorsed by either House, they were issued after consultation with parliamentary staff and should be regarded as an attempt to assist government personnel and the Parliament by setting down the basic position of the Executive on a wide range of detailed matters connected with the operations of committees.

In 1969 the Joint Committee of Public Accounts set down its practice on questions to public servants about government policy. This practice, while to some extent reflecting the particular concerns of that committee, nevertheless represents a sensible balance between meeting the needs of most investigatory committees and recognising the role and responsibility of public servants. The joint committee said:

This Committee does not examine public servants on matters of Government policy. The understanding of Government policy, however, is itself essential to the effective operation of the Committee during specific inquiries as the Committee is concerned with the administrative out-workings of such policy. In these circumstances, the Committee has normally proceeded on the basis of asking public servants to outline for it the particular policy of the Government which is being administered by them. It does not ask public servants, however, to comment on the adequacy of such policies. It is not unusual to find that in the implementation of Government policy, departments and authorities develop administrative policies. In the past, the Committee has regarded this type of policy as within its purview and has examined public servants in the administrative policy field. ⁴

This practice is acknowledged in the 1989 government guidelines.

The Standing Committee on Procedure has recommended the adoption of the following provision to be observed by committees of the House:

A departmental officer shall not be asked to give opinions on matters of policy, and shall be given reasonable opportunity to refer questions asked of him or her to superior officers or to the appropriate Minister. ⁵

( See also ‘Public interest immunity’ at p. 660.)

The guidelines were incorporated in Hansard, H.R. Deb. (28.11.89) 3011-22.

VP 1987-89/1662.

Guidelines, paras. 2-3.

Joint Committee of Public Accounts, 114th Report , PP 162 (1969) 3.

Committee procedures for dealing with witnesses, PP 100 (1989). Recommendation repeated PP 91 (1998). The recommendation was not adopted formally, but in practice committees operate on this basis.