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Title

Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Evidence as to proceedings

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

675

Section No.

 

System Id

procedural/practcer/chapter18.77.doc


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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Evidence as to proceedings



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House of Representatives                                Ch 18                                                 p 675

 

Parliamentary committees / CONDUCT OF INQUIRIES

 

Evidence as to proceedings

Only if the House grants permission, may an employee of the House, or other staff employed to record evidence before the House or one of its committees, give evidence relating to proceedings or give evidence relating to the examination of a witness. 1

In 1974 an inquiry was conducted by the Australian Broadcasting Control Board into allegations that certain television stations had suppressed television news coverage of a report presented by the Joint Committee on Prices. 2 The Clerk of the House received a request for the clerk to the committee (i.e. committee secretary) to make a statement and, if necessary, to give evidence before the board of inquiry. In giving permission for the clerk to the committee to make a statement it was made clear that he could not give evidence in respect of any proceedings before the committee without the leave of the House, and that this restriction was imposed by the standing orders of both Houses. 3 The clerk to the committee appeared before the inquiry and read a statement in which no reference was made to any proceedings of the committee and which contained only factual information as to when and to whom copies of the committee’s report had been distributed after it had been presented to the Senate and ordered to be printed.

Subsection 16(6) of the Parliamentary Privileges Act provides that neither the section nor the Bill of Rights prevents or restricts the admission in evidence and examination of proceedings in connection with the prosecution for an offence against an Act establishing a committee. Section 17 of the Act provides, inter alia, that a certificate signed by or on behalf of the Speaker or President, or a committee chair, in relation to committee records, evidence, etc. is evidence of the matters contained in the certificate. ( And see Chapter on ‘Parliamentary Privilege’.)



S.O. 253. See Ch. on ‘Documents’.



PP 326 (1974); VP 1974-75/177.



S.O. 253; Senate S.O. 183.