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Title

Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Obtaining evidence / Evidence from parliamentary staff

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

659

Section No.

 

System Id

procedural/practcer/chapter18.57.doc


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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Obtaining evidence / Evidence from parliamentary staff



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House of Representatives                                Ch 18                                                 p 659

 

Parliamentary committees / CONDUCT OF INQUIRIES / Obtaining evidence

 

Evidence from parliamentary staff

If a committee of the House wishes to call a Senate staff member to give evidence, a message is sent to the Senate by the House requesting the Senate to give leave to the staff member to attend for examination. 1 Upon receiving such a request the Senate may authorise the staff member to attend the committee. 2 If the Senate were to ask the House by message for an employee of the House to attend before the Senate or one of its committees, the House may instruct its own employee to attend. 3

In 1975 the Joint Committee on the Parliamentary Committee System formally sought the agreement of the Clerk of the House to the appearance before it of two employees of his department. It was noted that the standing orders concerning the appearance of parliamentary staff before committees were always interpreted liberally. Formal approval was sought in this case because the staff concerned sought to present personal views rather than to speak on behalf of the department. The Clerk gave his approval.

In 1971, at the request of the Committee of Privileges, the Clerk Assistant and the Serjeant-at-Arms appeared before the committee to give their account of the proceedings referred to in the article in the Daily Telegraph which had been referred to the committee for examination. 4 In 1973 the Secretary of the Joint Committee on Prices appeared before the Committee of Privileges and in 1987 members of a select committee secretariat gave evidence to the committee. In 1978 the Clerk of the House and the Serjeant-at-Arms appeared before the Senate Committee of Privileges to give evidence in relation to the security of Parliament House. 5 The Clerk and other House staff have appeared informally before the Broadcasting Committee and the Procedure Committee to discuss matters being considered by the committee. 6 At the request of the Standing Committee on Community Affairs, the Assistant Secretary (Committees) appeared at a public hearing of the committee in 1995 in relation to its inquiry into migrant access and equity. 7

Secretariat staff members of joint committees have appeared before the Privileges Committee in relation to inquiries into the possible unauthorised disclosure of proceedings or private evidence. 8



S.O. 251.



Senate S.O. 179.



Senate S.O. 178; S.O. 252(b).



Standing Committee of Privileges, Article published in Daily Telegraph, 27 August 1971 , PP 242 (1971) 39-45.



Senate Standing Committee of Privileges, Appropriate means of ensuring the security of Parliament House , PP 22 (1978).



E.g. PP 364 (1994), PP 108 (1995) and PP 158 (2000).



PP 24 (1996) 130.



E.g. PP 135 (1987). Standing Committee of Privileges, Report concerning the possible unauthorised disclosure of in camera evidence to the Defence Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade , June 2001.