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Title

Ch18 Parliamentary committees / POWERS OF COMMITTEES / Source of power

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

643

Section No.

 

System Id

procedural/practcer/chapter18.41.doc


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Ch18 Parliamentary committees / POWERS OF COMMITTEES / Source of power



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House of Representatives                                Ch 18                                                 p 643

 

Parliamentary committees / POWERS OF COMMITTEES

 

Source of power

Section 49 of the Consti tution confers on both Houses the powers, privileges and immunities possessed by the United Kingdom House of Commons in 1901. Section 50 confers on each House the right to make rules or orders concerning its powers and conduct of business. This power extends to committees and is delegated to a committee by the standing orders, by the resolution of appointment, or by the relevant statute.

A committee possesses no authority except that which it derives by delegation from the House or Houses appointing it, or which has been specifically bestowed by legislation in the case of statutory committees. The power of a House or joint committee is determined by the power possessed by the House or Houses and the degree to which this has been delegated.

‘ Powers’ explicitly granted to a committee by the standing orders are:

  • to appoint subcommittees (S.O. 234);

  • to conduct proceedings using approved means (S.O. 235(a));

  • to conduct proceedings at any time or place as it sees fit, and whether or not the House is sitting (S.O. 235(c));

  • to call witnesses and require that documents be produced (S.O. 236);

  • to consider and make use of the evidence and records of similar committees appointed during previous Parliaments (S.O. 237);

  • to confer with a similar committee of the Senate (S.O. 238);

  • to authorise publication of any evidence given before it or documents presented to it (S.O. 242); and

  • to report from time to time (S.O. 243).

    • While the use of the word ‘power’ is traditional, most of these matters can be regarded as authorisations. The real power possessed by a committee, as the word is more usually understood, is the power to order the attendance of witnesses and the production of documents.

    These powers and authorisations apply to all committees of the House, 1 except as provided in another standing or sessional order, or as otherwise ordered by the House. Similar powers are also generally included in resolutions establishing joint committees.

    A committee’s powers should not be taken for granted. To determine the extent of the authority delegated to any committee, recourse must be had to the standing and sessional orders, and if applicable, to a committee’s resolution of appointment and any later amendments, and any other orders agreed to by the House subsequent to the committee’s appointment.

    In the case of a statutory committee, the constituting Act must be consulted. In some cases the Act makes provisions for terms of reference, powers and procedures. This is the case in respect of the Joint Committee on Public Works, the Joint Committee of Public Accounts and Audit, and the Joint Committee on ASIO, ASIS and DSD. In some other cases, such as the Joint Committees on Corporations and Financial Services, the Australian Crime Commission, and Native Title and the Aboriginal and Torres Strait Islander Land Fund, it is provided that matters relating to the powers and proceedings of the committee shall be determined by resolution of both Houses of the Parliament. 2 This approach may be seen as avoiding some of the practical and theoretical difficulties that could be associated with complex and detailed statutory provision for committees.



    The situation prior to the amendment of standing orders on 3.12.1998 is covered in editions 1 to 3.



    VP 1993-95/78-9, 131, 150, 901-2; VP 1998-2001/160-4.