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Chapter 16 - Committees
Conduct of proceedings
Meeting and election of chair
The first meeting of a committee is
usually decided upon by agreement among the members in communication with the committee secretary
who liaises informally with them and the senator who is likely to be elected
chair. However, the mover of a committee, if a member of it, is entitled to fix
a time for the first meeting of a committee. Where the mover of a committee is
not a member the secretary is authorised to fix a time for the first meeting
(SO 30(1)).
At the first meeting the secretary takes the chair until a chair has
been elected. At the appointed time and when a quorum is present
the secretary calls the meeting to order and refers to the resolution of the
Senate establishing the committee and appointing its members. The secretary
normally circulates copies of these resolutions to members prior to the meeting
as part of the documents for the meeting. The secretary calls for nominations
for the position of chair, drawing attention to any provisions in the standing
orders or resolution establishing the committee which require the chair to be a
member nominated by the Leader of the Government in the Senate, Leader of the
Opposition in the Senate or minority groups or independents.
It is customary for only one nomination to be received for chair, in
which case the secretary declares the nominated senator elected. If two or more
senators are nominated, the procedure for election follows that for a President
of the Senate, provided for in standing order 7, and a ballot is held.
After declaring the result of the election, the secretary hands over the chair
to the senator elected.
The election or
appointment of a deputy chair may also need to be dealt with at the first
meeting, depending on the terms of the relevant standing order or resolution. Legislative
and general purpose standing committees are required to elect a deputy chair to
act as chair when the chair is absent from a meeting or the position of chair
is temporarily vacant (SO 25(9)(d)). There is
no requirement for the deputy chair to be elected immediately after the chair
is elected, although committees find it convenient to do so. Deputy chairs of those
committees are required to be from non-government parties. Other committees
have varying requirements in relation to the deputy chair. Most of the standing
domestic committees have no formal requirements (see SO 17, 18 and 20-22 relating to
the Procedure, Privileges, Library, House and Publications Committees,
respectively). Another group of committees is governed by orders providing that
the chair may from time to time appoint another senator as deputy chair, to act
as chair when the chair is absent from a meeting or when there is no chair.
This group includes the Appropriations and Staffing Committee (SO 19(6)), the
Committee of Senators’ Interests (SO 22A(5)), the
Regulations and Ordinances Committee (SO 23(7)), the
Scrutiny of Bills Committee (SO 24(5)) and the
Selection of Bills Committee (SO 24A(2)(c)).
There is no requirement for such committees to have a deputy chair from a different
party, although in practice most do. For precedent for a deputy chair appointed
from time to time required to be of a different party to the chair, see
14/8/1991, J.1366.
One case in which the question of deputy chair needs to be resolved at
the first meeting is when a committee is governed by a resolution requiring the
appointment of a deputy chair immediately after the election of the chair. Such
provisions are included from time to time in resolutions establishing select
committees. See, for example, 25/6/1992, J.2635 (Sales Tax Legislation); 25/6/1992, J.2640
(Subscription Television Broadcasting Services); 2/9/1993, J.450
(Whistleblowing); and 9/12/1993, J.965 (Print Media). Another variation is apparent in 13/5/1993, J.150
(Superannuation).
In the legislative and general purpose
standing committees, the chair, or the deputy chair when acting as chair, may
appoint another member of a committee to act as chair during the temporary
absence of both the chair and deputy chair from a meeting (SO 25(9)(f)).
Meetings subsequent to the first meeting are notified to each member by
the secretary. The secretary acts in response to resolutions of the committee
determining meeting times, or in accordance with instructions from the chair
who may fix the time and place of committee meetings, or on request from a
quorum of members who duly notify the secretary, either personally, in writing
or through some authorised agent (SO 30(2)). A meeting
held in response to a request from a quorum of members must be presided over by
the chair or, in the chair’s absence, the deputy chair.
Committees are
authorised to hold “electronic
meetings”, that is, meetings at which the members and other participants
communicate by electronic means, subject to prescribed conditions, principally
that the participants can all hear each other and communicate contemporaneously
(SO 30(3)). Until the
adoption of this provision in 1997, the principle was followed that a duly
constituted meeting of a committee required a quorum of members present in one
place, but other members and witnesses could participate in such a meeting by
telephone or television.
Where the standing orders and the
resolution of appointment of a committee are silent, the procedures of the
Senate apply so far as they are applicable.
A chair of a
committee may make a ruling on any question of order relating to the
proceedings of the committee. Rulings must conform with the rules of the
Senate. In particular, it is not open to a chair of a committee to impose
restrictions on senators which are not imposed by some known rule prescribed by
the Senate. A member of a committee may move a motion that the chair’s ruling
be dissented from, and, if this motion is passed, the decision of the committee
is substituted for the ruling of the chair for the time being, subject to any
decision by the Senate. If the motion is not passed, the chair’s ruling stands,
also subject to any decision by the Senate.
When a motion of
dissent is moved, there is no requirement for the chair to be vacated and taken
by another senator. The chair may vote on the motion of dissent, and exercise a
casting vote where such a vote is provided for in the terms of appointment of
the committee. This is the procedure which applies in the Senate, but of course
the President does not have a casting vote.
The standing orders contain no provisions about how a
committee is to proceed in a case of disorderly conduct by a senator in a
committee, such as a senator using offensive words and refusing to withdraw
them. This is one of the areas in which committees follow the procedures of the
Senate in so far as they are applicable. Following
those procedures, if a senator is asked to withdraw offensive words and
refuses, the chair may report (“name”) the senator and a motion may be moved
that the senator be directed to withdraw from the meeting of the committee.
Before that stage is reached, it is within the discretion of the chair to ask a
disorderly senator to withdraw from the meeting. If a senator were to refuse to
withdraw from a meeting after the committee has ordered his or her withdrawal,
the committee would not be able to take any action other than to terminate the
meeting and report the matter to the Senate.
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