Chapter 16 - Committees
Evidence
gathering
Public hearings
It is usual for
witnesses to be invited to attend committee hearings, in the first instance
(Privilege Resolution 1(1); see Chapter 17, Witnesses). The taking of evidence
at public hearings is a key element of most Senate committee inquiries and is
an opportunity to test, in public, views expressed in the written submissions
already received by the committee.
Many public hearings held by Senate committees are held outside Canberra. This enables
committees to “take the Senate to the people” and to obtain first hand
experience of the issues under consideration through inspections and briefings
that are often undertaken in conjunction with public hearings.
Public hearings are
governed by rules relating to the conduct of proceedings (see below) and
resolutions of the Senate for the protection of witnesses (see
Chapter 17). The examination of
witnesses is conducted by the members of a committee in accordance with
procedures agreed to by the committee, subject to the rules of the Senate (SO 35(1)). From time to
time the question has arisen whether persons other than members of the
committee may question witnesses. Privilege
Resolution 2(9) explicitly authorises counsel appointed to assist
the committee of Privileges to examine witnesses before the committee. In all
other cases only members of the committee may examine witnesses. Exceptions to
this rule must be authorised by the Senate. The only explicit authorisation for
this practice occurred in relation to the Select Committee on
Allegations Concerning a Judge whose resolution of appointment included
provision for commissioners, counsel appointed to assist the committee and
counsel for witnesses to examine witnesses before the committee (6/9/1984,
J.1078, J.1080).
In most cases the
procedures for examining witnesses at public hearings are relatively
informal, but relevant rules of the Senate also apply to committees to the
extent that this is necessary to maintain order and expedite business. Order in a committee
is maintained by the chair but may be enforced only by the Senate on receipt of
a report of an offence. The rules of debate also apply to committee proceedings;
for example, in relation to offensive language and personal reflections (SO 193(2) and (3). Points of
order and privilege may be raised (SO 197) and objections to a
chair’s ruling may be taken (SO 198, although as a
matter of practice there is no requirement in a committee for the objection to
be in writing). Privilege Resolution 1(9) requires that discussion of a ruling
of the chair on the relevance of questions shall occur in private session.
Committees may hear
several witnesses together and may allow witnesses to exchange views in the
course of a hearing (see statement by President Reid, SD, è18/3/1997, p. 1655).
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