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Standing Orders Committee - Senate - Report - First (Standing Order 308)


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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA 1970-Parliamentary Paper No. 1

The Senate

REPORT FROM THE

STANDING ORDERS COMMITTEE

relating to

STANDING ORDER 308

DATED 3 MARCH 1970

Laid on th e Table by the President and

ordered to be printed 3 March 1970

COMMONWEALTH GOVERNMENT PRINTING OFFICE CANBERRA: 1970

77

MEMBERS OF THE COMMITTEE

The President, Senator the Honourable Sir Alister McMullin, K.C.M.G. (Chairman)

The Chairman of Committees, Senator T. L. Bull, O.B.E. The Leader of the Government in the Senate, Senator the Honourable Ken Anderson

The Leader of the Opposition in the Senate, Senator L. K. Murphy, Q.C. Senator J. L. Cavanagh Senator Sir Magnus Cormack, K .B.E. Senator R. H. Lacey Senator R . G. Withers Senator the Honourable R. C. Wright

Printed by A uthority by the Gove r nment Printer of the Commonwea lth of Australia

THE SENATE

REPORT FROM THE STANDING ORDERS COMMITTEE

1. In a Report presented to the Senate on 21 May 1969, the Standing Orders Committee reported that it had under examination Standing Order 308, which reads: The evidence taken by any Select Committee of the Senate and documents

presented to such Committee, which have not been reported to the Senate, shall not be disclosed or published by any member of such Committee, or by any other person.

2. The practice of select committees allowing press reports of the evidence, and the supply of copies of the evidence to certain persons at the discretion of the committee-before the evidence is reported to the Senate-appears to be in conflict with Standing Order 308.

3. However, the Standing Orders Committee has taken note of section 2 ( 2.) of the Parliamentary Papers Act, which reads: It shall be lawful for a Committee to authorize the publication of any document laid before it or of any evidence given before it.

The Standing Orders Committee has received advice that this provision, of its own force, empowers a committee to authorize the publication of documents laid down before it or any evidence given before it. 4. The Standing Orders Committee considers it desirable th at there should

be an amendment of the rules to remove conflict between Standing Order 308 and section 2 (2.) of the Parliamentary Papers Act and also to bring the Standing Order into line with the practice of select committees. 5. It is recommended, therefore, that Standing Order 308 be amended as foilows:

The evidence taken by any Select Committee of the Senate and doc uments presented to such Committee, wh ich have not bee n reported to the Sen ate , shall not, unless authorized by th e Senate or th e Committee, be d is cl o-ed or publis hed by any member of such Committee, or by any other perso n.

Note-words to be inserted are italicised.

Senate Committee Room , 1970

A. M. McMuLLIN , Chairman

79

[ 13104/70]-H&I Code: PP 1/70 Price llc