Odgers' Australian Senate Practice Thirteenth Edition

Chapter 16 - Committees

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Role of committees

The task most often given to committees is that of conducting inquiries: of inquiring into specified matters, particularly by taking submissions and hearing evidence, and reporting findings on those matters to the Senate. Although the Senate may conduct inquiries directly, committees are a more convenient vehicle for this activity.[1]

Apart from conducting inquiries, committees may be required to perform any of the functions of the Senate, including its primary legislative function of considering proposed laws, the scrutiny of the conduct of public administration and the consideration of policy issues.

The Constitution recognises committees as essential instruments of the Houses of the Parliament by referring in section 49 to: "The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House ...".

The Senate makes extensive use of committees which specialise in a range of subject areas. The expertise built up by those committees enables them to be multi-purpose bodies, capable of undertaking policy-related inquiries, examining the performance of government agencies and programs or considering the detail of proposed legislation in the light of evidence given by interested organisations and individuals. The scrutiny of policy, legislative and financial measures is a principal role of committees.

Most significantly, committees provide a means of access for citizens to participate in law making and policy review. Anyone may make a submission to a committee inquiry and committees will normally take oral evidence from a selection of witnesses who have made written submissions. Committees frequently meet outside Canberra, thereby taking the Senate to the people and gaining first hand knowledge of and exposure to issues of concern to the public.

Inquiries by committees allow citizens to air grievances about government and bring to light mistreatment of citizens by government.[2]

Specialist committees support the Senate's ability to monitor delegated legislation made by the executive government and to ensure that all proposals for legislation do not trespass against fundamental personal rights and liberties. In the Australian Parliament, only Senate committees perform this role.

An important outcome of committee work is the opportunity senators gain to pursue special interests and build up expertise in aspects of public policy, enhancing the quality of debate and providing a solid grounding for backbenchers who may go on to be committee chairs, shadow ministers, party spokespeople or ministers.

The characteristic multi-partisan composition and approach of committees also provides opportunity for proponents of divergent views to find common ground. The orderly gathering of evidence by committees and the provision of a forum for all views can often result in the dissipation of political heat, consideration of issues on their merits and the development of recommendations that are acceptable to all sides:

It is in the conference [i.e., committee] room that careful, calm consideration can be brought to bear upon a subject, and [senators] can work harmoniously in spite of party differences. It is there that the qualities and experience of the individual can be applied to matters under discussion. It is there that opportunity is provided for vision, judgment and experience to be applied and, later, brought before the Senate for open discussion and action.[3]

1. See also Chapter 17, Witnesses.
2. For an investigation of oppression of persons by a government agency, see the report of a standing committee on the Casualties of Telstra, 11/3/1999, J.555-6. For other inquiries of this nature, see reports of the Community Affairs References Committee, Forgotten Australians, PP 207/2004, Lost Innocents and Forgotten Australians Revisited, PP 145/209.
3. Chairman of the Select Committee on the Standing Committee System, Senator R D Elliott, SD, 14/5/1931, pp. 1912-3.