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Standing Orders
Chapter 5 - Standing and select committees
Standing
committees
17 Procedure
(1) A Procedure Committee, consisting of
the President, the Deputy President, the Leader of the Government in the
Senate, the Leader of the Opposition in the Senate and 6 senators, shall be
appointed at the commencement of each Parliament, with power to act during
recess and to confer with a similar committee of the House of Representatives.
(2) If the Leader of the Government in
the Senate or the Leader of the Opposition in the Senate is unable to attend a
meeting of the committee, that senator may appoint a senator to act as a member
of the committee at that meeting.
(3) The committee may consider any
matter relating to the procedures of the Senate referred to it by the Senate or
by the President.
(4) The Deputy President shall be the
chair of the committee.
(amended 24 August
1994)
18 Privileges
(1) A Committee of Privileges,
consisting of 7 senators, shall be appointed at the commencement of each
Parliament to inquire into and report upon matters of privilege referred to it
by the Senate.
(2) The committee shall have power to
send for persons and documents, to move from place to place and to sit during
recess.
(3) The committee shall consist of 7
senators, 4 nominated by the Leader of the Government in the Senate and 3
nominated by the Leader of the Opposition in the Senate.
(4) The committee shall elect as its
chair a member nominated by the Leader of the Opposition in the Senate.
(amended 24 August
1994)
19 Appropriations and Staffing
(1) A Standing Committee on
Appropriations and Staffing shall be appointed at the commencement of each
Parliament.
(2) The committee shall inquire into:
(a) proposals for the annual
estimates and the additional estimates for the Senate;
(b) proposals to vary the
staff structure of the Senate, and staffing and recruitment policies; and
(c) such other matters as are
referred to it by the Senate.
(3) The committee shall:
(a) in relation to the
estimates—
(i) determine the amounts for inclusion
in the parliamentary appropriation bills for the annual and the additional
appropriations, and
(ii) report to the Senate upon its
determinations prior to the consideration by the Senate of the relevant
parliamentary appropriation bill;
(b) in relation to staffing—
(i) make recommendations to the
President, and
(ii) report to the Senate on any matter;
(c) make an annual report to
the Senate on the operations of the Senate’s appropriations and staffing, and
related matters; and
(d) consider the
administration and funding of security measures affecting the Senate and advise
the President and the Senate as appropriate.
(4) The committee shall consist of the
President and 8 other senators: the Leader of the Government in the Senate or a
Senate minister nominated to represent the Leader of the Government in the
Senate from time to time, and 3 other members of the government party nominated
by the Leader of the Government in the Senate, and the Leader of the Opposition
in the Senate or a senator nominated to represent the Leader of the Opposition
in the Senate from time to time, and 3 other senators not being members of the
government party, nominated by the Leader of the Opposition in the Senate or by
any minority groups or independent senators; and in the absence of agreement
between the opposition and any minority groups or independent senators as to
nominations, any question as to representation shall be determined by the
Senate.
(5) The committee shall have power to
appoint sub-committees consisting of 3 or more of its members, and to refer to
any such sub-committee any of the matters which the committee is empowered to
consider.
(6) The chairman of the committee shall
be the President, who may from time to time appoint another member of the
committee to be deputy chairman, who shall act as chairman at any time when
there is no chairman or the chairman is not present at a meeting of the
committee.
(7) Where the votes on any question
before the committee are equally divided, the chairman, or the deputy chairman
when acting as chairman, shall have a casting vote.
(8) A senator not a member of the
committee may attend and participate in its deliberations, and question
witnesses, unless the committee orders otherwise, but shall not vote.
(9) The committee and any sub-committee
shall have power to send for persons and documents, to move from place to
place, and to meet and transact business in public or private session and
notwithstanding any prorogation of the Parliament or dissolution of the House
of Representatives.
(10) A daily Hansard shall be published of
public proceedings of the committee.
(11) The committee shall be provided with
all necessary staff, facilities and resources.
(amended 24 August
1994, 16 June 2004)
20 Library
(1) A Library Committee, consisting of
the President and 6 senators, shall be appointed at the commencement of each
Parliament, with power to act during recess, and to confer and sit as a joint
committee with a similar committee of the House of Representatives.
(2) The committee may consider any
matter relating to the provision of library services to senators.
(3) The President shall be the chair of
the committee.
(amended 24 August
1994)
21 House
(1) A House Committee, consisting of the
President, the Deputy President and 5 senators, shall be appointed at the
commencement of each Parliament, with power to act during recess, and to confer
and sit as a joint committee with a similar committee of the House of
Representatives.
(2) The committee may consider any
matter relating to the provision of facilities in Parliament House referred to
it by the Senate or by the President.
(3) The President shall be the chair of
the committee.
(amended 24 August
1994, 13 November 2002)
22 Publications
(1) A Publications Committee, consisting
of 7 senators, shall be appointed at the commencement of each Parliament, with
power to act during recess and to confer and sit as a joint committee with a
similar committee of the House of Representatives.
(2) All documents presented to the
Senate which have not been ordered to be printed by either House of the
Parliament shall stand referred to the committee, which shall make
recommendations on the printing of documents.
(3) When sitting with a similar
committee of the House of Representatives, the committee shall also have power:
(a) to inquire into and report
on the printing, publication and distribution of parliamentary and government
publications and on such related matters as are referred to it by the relevant
minister; and
(b) to send for persons and
documents.
(4) The committee shall elect as its
chair a member nominated by the Leader of the Government in the Senate.
(amended 24 August
1994)
22A Senators’ Interests
(1) A Committee of Senators’ Interests
shall be appointed at the commencement of each Parliament:
(a) to inquire into and report
upon the arrangements made for the compilation, maintenance and accessibility
of a Register of Senators’ Interests;
(b) to consider any proposals
made by senators and others as to the form and content of the register;
(c) to consider any submissions
made in relation to the registering or declaring of interests;
(d) to consider what classes
of person, if any, other than senators ought to be required to register and
declare their interests; and
(e) to make recommendations
upon these and any other matters which are relevant.
(2)
(a) The membership of the
committee shall as closely as possible reflect the composition of the Senate
and, until modified by a subsequent resolution, shall consist of 8 senators, 3
nominated by the Leader of the Government in the Senate, 4 nominated by the
Leader of the Opposition in the Senate and 1 nominated by any minority groups
or independent senators.
(b) The nominations of the
minority groups or independent senators shall be determined by agreement
between the minority groups and independent senators, and, in the absence of
agreement duly notified to the President, the question of the representation on
the committee shall be determined by the Senate.
(3) The committee shall elect as its
chair one of its members nominated by the Leader of the Opposition in the
Senate.
(4) The quorum of the committee shall be
3 members.
(5) The chairman may from time to time
appoint a member of the committee to be deputy chairman, and the member so
appointed shall act as chairman of the committee when there is no chairman or
the chairman is not present at a meeting of the committee.
(6) Where votes on a question before the
committee are equally divided, the chairman, or the deputy chairman when acting
as chairman, shall have a casting vote.
(7) The committee shall have power to
send for persons or documents, but shall not exercise that power, nor undertake
an investigation of the private interests of any person, except in accordance
with a decision agreed to by not less than 3 members of the committee other
than the chairman.
(8) The committee shall have power to
confer with a similar committee of the House of Representatives.
(9) The committee shall, as soon as
practicable after 31 December in each year, prepare and table in the Senate
a report on its operations during that year, and shall also have power to
report from time to time.
(adopted 17 March
1994, amended 24 August 1994)
23 Regulations and Ordinances
(1) A Standing Committee on Regulations
and Ordinances shall be appointed at the commencement of each Parliament.
(2) All regulations, ordinances and
other instruments made under the authority of Acts of the Parliament, which are
subject to disallowance or disapproval by the Senate and which are of a
legislative character, shall stand referred to the committee for consideration
and, if necessary, report.
(3) The committee shall scrutinise each
instrument to ensure:
(a) that it is in accordance
with the statute;
(b) that it does not trespass
unduly on personal rights and liberties;
(c) that it does not unduly
make the rights and liberties of citizens dependent upon administrative
decisions which are not subject to review of their merits by a judicial or
other independent tribunal; and
(d) that it does not contain
matter more appropriate for parliamentary enactment.
(4)
(a) The committee shall consist
of 6 senators, 3 being members of the government party nominated by the Leader
of the Government in the Senate, and 3 being senators who are not members of
the government party, nominated by the Leader of the Opposition in the Senate
or by any minority groups or independent senators.
(b) The nominations of the
opposition or any minority groups or independent senators shall be determined
by agreement between the opposition and the minority groups or independent
senators, and, in the absence of agreement duly notified to the President, the
question of the representation on the committee shall be determined by the
Senate.
(5) The committee shall have power to
send for persons and documents, and to sit during recess.
(6) The committee shall elect as
chairman a member appointed to the committee on the nomination of the Leader of
the Government in the Senate.
(7) The chairman may from time to time
appoint a member of the committee to be deputy chairman, and the member so
appointed shall act as chairman of the committee when there is no chairman or
the chairman is not present at a meeting of the committee.
(8) Where votes on a question before the
committee are equally divided, the chairman, or the deputy chairman when acting
as chairman, shall have a casting vote.
(9) The committee may appoint with the
approval of the President counsel to advise the committee.
24 Scrutiny of Bills
(1)
(a) At the commencement of each
Parliament, a Standing Committee for the Scrutiny of Bills shall be appointed
to report, in respect of the clauses of bills introduced into the Senate, and
in respect of Acts of the Parliament, whether such bills or Acts, by express
words or otherwise:
(i) trespass unduly on personal rights
and liberties;
(ii) make rights, liberties or
obligations unduly dependent upon insufficiently defined administrative powers;
(iii) make rights, liberties or
obligations unduly dependent upon non-reviewable decisions;
(iv) inappropriately delegate legislative
powers; or
(v) insufficiently subject the exercise
of legislative power to parliamentary scrutiny.
(b) The committee, for the
purpose of reporting upon the clauses of a bill when the bill has been
introduced into the Senate, may consider any proposed law or other document or
information available to it, notwithstanding that such proposed law, document
or information has not been presented to the Senate.
(2)
(a) The committee shall consist
of 6 senators, 3 being members of the government party nominated by the Leader
of the Government in the Senate, and 3 being senators who are not members of
the government party, nominated by the Leader of the Opposition in the Senate
or by any minority groups or independent senators.
(b) The nominations of the
opposition or any minority groups or independent senators shall be determined
by agreement between the opposition and any minority groups or independent
senators, and, in the absence of agreement duly notified to the President, the
question of the representation on the committee shall be determined by the
Senate.
(3) The committee may appoint
sub-committees consisting of 3 or more of its members, and refer to any such
sub-committee any matters which the committee is empowered to consider.
(4) The committee shall elect as
chairman a member appointed to the committee on the nomination of the Leader of
the Opposition in the Senate.
(5) The chairman may from time to time
appoint a member of the committee to be deputy chairman, and the member so
appointed shall act as chairman of the committee when there is no chairman or
the chairman is not present at a meeting of the committee.
(6) When votes on a question before the
committee are equally divided, the chairman, or the deputy chairman when acting
as chairman, shall have a casting vote.
(7) The committee and any sub-committee
shall have power to send for persons and documents, to move from place to
place, and to meet in private session and notwithstanding any prorogation of
the Parliament or dissolution of the House of Representatives.
(8) The committee may appoint with the
approval of the President counsel to advise the committee.
(9) The committee may report from time
to time its proceedings and evidence and any recommendations, and shall make
regular reports of the progress of the proceedings of the committee.
(amended 24 August
1994)
24A Selection of Bills
(1) A Selection of
Bills Committee shall be appointed at the commencement of each Parliament to
consider all bills introduced into the Senate or received from the House of
Representatives, except bills which contain no provisions other than provisions
appropriating revenue or moneys, and to report—
(a) in
respect of each such bill, whether the bill should be referred to a legislative
and general purpose standing committee; and
(b) in
respect of each bill recommended for referral to a standing committee:
(i) the standing
committee to which the bill should be referred,
(ii) the stage in the
consideration of the bill at which it should be referred to the standing
committee, and
(iii) the day which
should be fixed for the standing committee to report on the bill.
(2)
(a) The
committee shall consist of the Government Whip and 2 other senators nominated
by the Leader of the Government in the Senate, the Opposition Whip and 2 other
senators nominated by the Leader of the Opposition in the Senate, and the whips
of any minority groups.
(b) The
quorum of the committee shall be 4 members.
(c) The chair
of the committee shall be the Government Whip, and the chair shall appoint from
time to time a deputy chair to act as chair when the chair is not present at a
meeting.
(d) In the
event of votes on a question before the committee being equally divided, the
chair, or the deputy chair when acting as chair, shall have a casting vote.
(3) Where the committee
reports on any sitting day, the report shall be presented after the giving of
notices of motion.
(4) Following the
presentation of a report by the committee, the chair of the committee, or a
member of the committee on behalf of the chair, may move without notice a
motion for the adoption of the report.
(5) Amendments may be
moved to a motion under paragraph (4), including amendments to refer to a
standing committee any bill of the kind referred to in paragraph (1) which is
not the subject of a motion moved pursuant to paragraph (4).
(6) An amendment of the
kind referred to in paragraph (5) shall specify—
(a) the
standing committee to which the bill is to be referred;
(b) the stage
in the consideration of the bill at which it is to be referred to the
committee; and
(c) the day
on which the committee is to report.
(7) On a motion moved
pursuant to paragraph (4), a senator shall not speak for more than 5 minutes,
and at the expiration of 30 minutes, if the debate be not sooner concluded, the
President shall put the question on the motion and any amendments before the
chair, but if a senator wishes to move a further amendment at that time, that
amendment may be moved and shall be determined without debate.
(8) Where a motion
moved pursuant to paragraph (4) is agreed to with or without amendment, at the
conclusion of the stage of the consideration of a bill referred to in the
report adopted by that motion or in an amendment, the bill shall stand referred
to the standing committee specified, and the further consideration of the bill
shall be an order of the day for the day fixed for the presentation of the
report of the standing committee.
(9) In considering a
bill referred to it pursuant to this standing order, a standing committee shall
have no power to make amendments to the bill or requests for amendments, but
may recommend amendments or requests for amendments which would be in order if
proposed in a committee of the whole.
(10) A report from a
standing committee relating to a bill referred to it under this order shall be
received by the Senate without debate, and consideration of the report deferred
until the order of the day relating to the bill is called on.
(11) Where:
(a) the
committee recommends that a bill be referred to a select committee; or
(b) a senator
indicates that the senator intends to move to establish a select committee to
consider a bill or to refer a bill to an existing select committee,
this standing order shall
have effect as if each reference to a standing committee included reference to
a select committee.
(adopted 13 February
1997)
25 Legislative and general purpose
(1) At the commencement of each
Parliament, legislative and general purpose standing committees shall be
appointed, as follows:
Community Affairs
Legislation Committee
References Committee
Economics
Legislation Committee
References Committee
Education, Employment and Workplace Relations
Legislation Committee
References Committee
Environment, Communications and the Arts
Legislation Committee
References Committee
Finance and Public Administration
Legislation Committee
References Committee
Foreign Affairs, Defence and Trade
Legislation Committee
References Committee
Legal and Constitutional Affairs
Legislation Committee
References Committee
Rural and Regional Affairs and Transport
Legislation Committee
References Committee
(2)
(a) The legislation committees
shall inquire into and report upon estimates of expenditure in accordance with
standing order 26, bills or draft bills referred to them by the Senate, annual
reports in accordance with paragraph (20), and the performance of
departments and agencies allocated to them.
(b) The references committees shall
inquire into and report upon other matters referred to them by the Senate.
(3) References concerning departments and agencies
shall be allocated to the committees in accordance with a resolution of the
Senate allocating departments and agencies to the committees.
(4) The committees shall inquire into and report upon
matters referred to their predecessor committees appointed under this standing
order and not disposed of by those committees, and in considering those matters
may consider the evidence and records of those committees relating to those
matters.
(5)
(a) Each legislation committee
shall consist of 6 senators, 3 nominated by the Leader of the Government
in the Senate, 2 nominated by the Leader of the Opposition in the Senate and
one nominated by minority groups and independent senators.
(b) Each references committee
shall consist of 6 senators, 2 nominated by the Leader of the Government
in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and
one nominated by minority groups and independent senators.
(6)
(a) The committees to which
minority groups and independent senators make nominations shall be determined
by agreement between the minority groups and independent senators, and, in the
absence of agreement duly notified to the President, any question of the
representation on a committee shall be determined by the Senate.
(b) The allocation of places on
the committees amongst minority groups and independent senators shall be as
nearly as practicable proportional to the numbers of those minority groups and
independent senators in the Senate.
(7)
(a) Senators may be appointed to
the committees as substitutes for members of the committees in respect of
particular matters before the committees.
(b) On the nominations of the
Leader of the Government in the Senate, the Leader of the Opposition in the
Senate and minority groups and independent senators, participating members may
be appointed to the committees.
(c) Participating members may
participate in hearings of evidence and deliberations of the committees, and
have all the rights of members of committees, but may not vote on any questions
before the committees.
(d) A participating member
shall be taken to be a member of a committee for the purpose of forming a
quorum of the committee if a majority of members of the committee is not
present.
(e) If a member of a committee
is unable to attend a meeting of the committee, that member may in writing to
the chair of the committee appoint a participating member to act as a
substitute member of the committee at that meeting. If the member is
incapacitated or unavailable, a letter to the chair of a committee appointing a
participating member to act as a substitute member of the committee may be
signed on behalf of the member by the leader of the party or group on whose
nomination the member was appointed to the committee.
(8) A committee may appoint sub-committees consisting of 3
or more of its members, and refer to any such sub-committee any of the matters
which the committee is empowered to consider.
(9)
(a) Each legislation committee
shall elect as its chair a member nominated by the Leader of the Government in
the Senate, and as its deputy chair a member nominated by the Leader of the
Opposition in the Senate or by a minority group or independent senator.
(b) Each references committee
shall elect as its chair a member nominated by the Leader of the Opposition in
the Senate or a member of a minority group in the Senate, and as its deputy
chair a member nominated by the Leader of the Government in the Senate.
(c) The chairs and deputy
chairs to which members nominated by the Leader of the Opposition in the Senate
and members of minority groups and independent senators are elected
shall be determined by agreement between the opposition and minority groups and
independent senators, and, in the absence of agreement duly notified to the
President, any question of the allocation of chairs and deputy chairs shall be
determined by the Senate.
(d) The deputy chair shall act
as the chair of the committee when the member elected as chair is absent from a
meeting of the committee or the position of chair is temporarily vacant.
(e) When votes on a question
before a committee are equally divided, the chair, or the deputy chair when
acting as chair, shall have a casting vote.
(f) 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 at a
meeting of the committee.
(10) The chairs of the committees, together with the chairs of
any select committees appointed by the Senate, shall constitute the Chairs’
Committee, which may meet with the Deputy President in the chair, and may
consider and report to the Senate on any matter relating to the operations of
the committees.
(11) Except as otherwise provided by the standing orders, the
reference of a matter to a committee shall be on motion after notice, and such
notice of motion may be given:
(a) in the usual manner when notices are given;
or
(b) at any other time by a senator:
(i) stating its terms to the Senate, when
no other business is before the chair, or
(ii) delivering a copy to the Clerk, who
shall report it to the Senate at the first opportunity;
(iii) and shall be placed on the Notice Paper for the next
sitting day as business of the Senate and, as such, shall take precedence of
government and general business set down for that day.
(12) Matters referred to the committees should relate to
subjects which can be dealt with expeditiously.
(13) A committee shall take care not to inquire into any matters
which are being examined by a select committee of the Senate appointed to
inquire into such matters and any question arising in this connection may be
referred to the Senate for determination.
(14) A committee and any sub-committee shall have power to
send for persons and documents, to move from place to place, and to meet and
transact business in public or private session and notwithstanding any
prorogation of the Parliament or dissolution of the House of Representatives.
(15) All documents received by a committee during an inquiry
shall remain in the custody of the Senate after the completion of that inquiry.
(16) A committee shall be empowered to print from day to day
any of its documents and evidence. A daily Hansard shall be published of public
proceedings of a committee.
(17) A committee shall be provided with all necessary staff,
facilities and resources and shall be empowered to appoint persons with
specialist knowledge for the purposes of the committee, with the approval of
the President.
(18) A committee may report from time to time its proceedings
and evidence taken and any recommendations, and shall make regular reports on
the progress of its proceedings.
(19) A committee may authorise the broadcasting of its public
hearings, under such rules as the Senate provides.
(20) Annual reports of departments and agencies shall stand
referred to the legislation committees in accordance with an allocation of
departments and agencies in a resolution of the Senate. Each committee shall:
(a) Examine each annual report referred
to it and report to the Senate whether the report is apparently satisfactory.
(b) Consider in more detail, and report
to the Senate on, each annual report which is not apparently satisfactory, and
on the other annual reports which it selects for more detailed consideration.
(c) Investigate and report to the Senate
on any lateness in the presentation of annual reports.
(d) In considering an annual report, take
into account any relevant remarks about the report made in debate in the
Senate.
(e) If the committee so determines,
consider annual reports of departments and budget-related agencies in
conjunction with examination of estimates.
(f) Report on annual reports tabled by 31
October each year by the tenth sitting day of the following year, and on annual
reports tabled by 30 April each year by the tenth sitting day after
30 June of that year.
(g) Draw to the attention of the Senate
any significant matters relating to the operations and performance of the
bodies furnishing the annual reports.
(h) Report to the Senate each year
whether there are any bodies which do not present annual reports to the Senate
and which should present such reports.
(amended 24 August 1994, 13 February 1997,
11 November 1998, 3 December 1998, 13 February 2002, 19 November 2002, 14
August 2006: with effect from 11 September 2006, 13 May 2009: with
effect on 14 May 2009)
26 Estimates
(1) Annual and additional estimates,
contained in the documents presenting the particulars of proposed expenditure
and additional expenditure, shall be referred to the legislative and general
purpose standing committees for examination and report.
(2) The committees shall hear evidence
on the estimates in public session.
(3) Not more than 4 committees shall
hear evidence on the estimates simultaneously.
(4) When a committee hears evidence on
the estimates, the chair shall, without motion, call on items of expenditure in
the order decided upon and declare the proposed expenditure open for
examination.
(5) The committees may ask for
explanations from ministers in the Senate, or officers, relating to the items
of proposed expenditure.
(6) The report of a committee on the
estimates may propose the further consideration of any items.
(7) A Hansard report of the committees’
hearings of evidence on the estimates shall be circulated, in a manner similar
to the daily Senate Hansards, as soon as practicable after each day’s
proceedings.
(8) Participating membership of
committees shall not have effect in respect of proceedings on estimates, other
than the formation of a quorum, but any senator may attend a meeting of a
committee in relation to estimates, question witnesses and participate in the
deliberations of the committee at such a meeting and add a reservation to a
report relating to estimates.
(9) After a committee has considered
proposed expenditure referred to it by the Senate and agreed to its report to
the Senate, the committee shall fix:
(a) a day for the submission
to the committee of any written answers or additional information relating to
the proposed expenditure; and
(b) in respect of the annual
estimates only, a day for the commencement of supplementary meetings of the
committee to consider matters relating to the proposed expenditure.
The day fixed under subparagraph
(9)(b) shall be not less than 10 days after the day fixed under subparagraph
(9)(a).
(10) A senator may lodge with a committee,
not less than 3 working days before the day fixed under subparagraph (9)(b),
notice of matters, relating to the written answers or additional information,
or otherwise relating to the proposed expenditure referred to the committee,
which the senator wishes to raise at the supplementary meetings of the
committee. A notice shall be forwarded by the committee to the minister in the
Senate responsible for the matters to which the notice relates.
(11) A committee may determine at any time
the number and duration of any supplementary meetings.
(12) At a supplementary meeting, questions
may be put to ministers or officers relating to matters of which notice has
been given, and the proceedings of the committee shall be confined to those
matters, but the committee shall otherwise conduct the proceedings in
accordance with this standing order.
(13) A committee may report to the Senate
any recommendation for further action by the Senate arising from the
committee’s supplementary meetings.
(14) Written questions relating to the
estimates may be supplied to the secretaries of the committees, who shall
distribute them to the relevant departments and to members of the committees.
Answers shall be supplied to, and circulated by, the secretaries.
(amended 24 August
1994, 13 February 1997, 6 March 1997, 6 February 2001, 19 November 2002,
14 August 2006: with effect from 11 September 2006)
General
committee provisions
27 Membership
(1) Except as otherwise provided, the
senators to serve on a committee shall be nominated by the mover, and if one
senator so requires, they shall be selected by ballot.
(2) A senator may be discharged from
attending a committee and another senator appointed, either by nomination or
ballot, after notice.
(3) The President shall not be elected
to any committee other than one of which the President is an ex officio member.
(4) If the Deputy President is elected
to serve on a committee and declines to do so, another senator shall be
elected.
(5) A senator shall not sit on a
committee if the senator has a conflict of interest in relation to the inquiry
of the committee.
(6) Where a committee is empowered to
appoint sub-committees, each sub-committee shall have at least one member
appointed to the committee on the nomination of the Leader of the Government in
the Senate and at least one member appointed to the committee on the nomination
of the Leader of the Opposition in the Senate.
(amended 13 February
1997)
28 Time for reporting
On the appointment of every committee other
than a standing committee a day shall be fixed for the reporting of its
proceedings to the Senate, by which day the final report of the committee shall
be presented by the chairman, unless further time is moved for and granted.
29 Quorum
(1) In each committee
and sub-committee, unless otherwise provided, a quorum shall be:
(a) a majority of the members
of the committee or sub-committee; or
(b) 2 members, where one member
present was appointed to the committee on the nomination of the Leader of the
Government in the Senate and one member present was appointed to the committee
on the nomination of the Leader of the Opposition in the Senate.
(2) If a senator draws attention to the
lack of a quorum at a meeting of a committee, the proceedings shall be
suspended until a quorum is present, or, if a quorum is not present after 15
minutes, the committee shall then be adjourned.
(3) If within 15 minutes after the time
appointed for the meeting of a committee there is not a quorum, the senators
present may retire, after entering their names in the minutes; and the
secretary attending the committee shall convene a meeting for another time.
(amended 24 August
1994, 19 November 2002)
30 Meetings
(1) The mover of a committee, if a
member of it, shall fix the time for the first meeting of the committee; if the
mover is not a member the secretary shall fix the time.
(2) Notice of meetings subsequent to the
first meeting shall be given by the secretary attending the committee:
(a) pursuant to resolution of
the committee;
(b) on instruction of the
chairman; or
(c) upon a request by a quorum
of members of the committee.
(3) A committee is authorised to hold
meetings by electronic communication without the members of the committee or
witnesses being present in one place, provided that:
(a) when a committee
deliberates, members of the committee constituting a quorum are able to speak
to, and hear, each other contemporaneously;
(b) when a witness gives oral
evidence, members of the committee constituting a quorum are able to hear the
witness contemporaneously and to put questions to the witness in each other’s
hearing; and
(c) the chair of such a
meeting takes care to ensure that a quorum is maintained during the meeting and
that the standing orders and rules of the Senate are observed.
(amended 13 February
1997)
31 Chairman
A committee, before transacting any
business, shall elect one of its members to be chairman, who, unless it is
otherwise provided, shall have a deliberative vote only.
32 Proceedings
(1) Unless it is otherwise provided,
when the votes on any question before a committee are equally divided the
question shall be negatived.
(2) An entry shall be made in the
minutes of proceedings of the names of the senators attending each committee
meeting, of every motion or amendment proposed in the committee and the mover,
and the names and votes of the senators voting in any division.
(3) A committee may adjourn from time to
time, and, by order of the Senate, from place to place, and may sit on those
days over which the Senate is adjourned.
33 Meetings during sitting
(1) A committee of the Senate and a
joint committee of both Houses of the Parliament may meet during sittings of
the Senate for the purpose of deliberating in private session, but shall not
make a decision at such a meeting unless:
(a) all members of the
committee are present; or
(b) a member appointed to the
committee on the nomination of the Leader of the Government in the Senate and a
member appointed to the committee on the nomination of the Leader of the
Opposition in the Senate are present, and the decision is agreed to unanimously
by the members present.
(2) The restrictions on meetings of
committees contained in paragraph (1) do not apply after the question for the
adjournment of the Senate has been proposed by the President at the time
provided on any day.
(3) A committee shall not otherwise meet
during sittings of the Senate except by order of the Senate.
(4) Proceedings of a committee at a
meeting contrary to this standing order shall be void.
(amended 24 August
1994, 14 May 2003)
34 Powers
(1) The Senate may give a committee
power to send for persons and documents, and a committee with that power may
summon witnesses and require the production of documents.
(2) The chairman of a committee shall
direct the secretary attending the committee to invite or summon witnesses and
request or require the production of documents in accordance with the orders of
the committee.
35 Witnesses
(1) The examination of witnesses before
a committee shall be conducted by the members of the committee in accordance
with procedures agreed to by the committee, subject to the rules of the Senate.
(2) The examination of witnesses shall
be recorded in a transcript of evidence.
36 Public and private meetings
Persons other than members and officers of a
committee may attend a public meeting of a committee but shall not attend a
private meeting except by express invitation of the committee, and shall always
be excluded when the committee is deliberating.
37 Disclosure of evidence and documents
(1) The evidence taken by a committee
and documents presented to it, which have not been reported to the Senate,
shall not, unless authorised by the Senate or the committee, be disclosed to
any person other than a member or officer of the committee.
(2) A senator who wishes to refer to in
camera evidence or unpublished committee documents in a dissenting report shall
advise the committee of the evidence or documents concerned, and all reasonable
effort shall be made by the committee to reach agreement on the disclosure of
the evidence or documents for that purpose. If agreement is not reached, the
senator may refer to the in camera evidence or unpublished documents in the
dissent only to the extent necessary to support the reasoning of the dissent.
Witnesses who gave the evidence or provided the documents in question shall, if
practicable, be informed in advance of the proposed disclosure of the evidence
or documents and shall be given reasonable opportunity to object to the
disclosure and to ask that particular parts of the evidence or documents not be
disclosed. The committee shall give careful consideration to any objection by a
witness before making its decision. Consideration shall be given to disclosing
the evidence or documents in such a way as to conceal the identity of persons
who gave the evidence or provided the documents or who are referred to in the
evidence or documents.
(3)
(a) The President is authorised
to permit any person to examine and copy evidence submitted to, or documents
of, committees, which are in the custody of the Senate, which have not already
been published by the Senate or its committees, and which have been in the
Senate’s custody for at least 10 years.
(b) If such evidence or
documents were taken in camera or submitted on a confidential or restricted
basis, disclosure shall not take place unless the evidence or documents have
been in the custody of the Senate for at least 30 years, and, in the opinion of
the President, it is appropriate that such evidence or documents be disclosed.
(c) The President shall report
to the Senate the nature of any evidence or documents made available under this
standing order and the person or persons to whom they have been made available.
(amended 13 February
1997, 29 April 1999)
38 Reports
(1) The chairman of a committee shall
prepare a draft report and submit it to the committee.
(2) After a draft report has been
considered and agreed to by a committee, with or without amendment, a minority
or dissenting report may be added to the report by any member or group of
members, and any member or participating member may attach to the report
relevant conclusions and recommendations of that member.
(3) If any senator other than the
chairman submits a draft report to a committee, the committee shall first
decide upon which report it will proceed.
(4) After a draft report has been
considered the whole or any part of it may be reconsidered and amended.
(5) A report of a committee shall be
signed and presented to the Senate by the chairman.
(6) By order of the Senate a committee
may report from time to time its proceedings or evidence.
(7) If the Senate is
not sitting when a committee has prepared a report for presentation, the
committee may provide the report to the President or, if the President is
unable to act, to the Deputy President, or, if the Deputy President is
unavailable, to any one of the Temporary Chairmen of Committees, and, on the
provision of the report:
(a) the report shall be
deemed to have been presented to the Senate;
(b) the publication of
the report is authorised by this standing order;
(c) the President, the
Deputy President, or the Temporary Chairman of Committees, as the case may be,
may give directions for the printing and circulation of the report; and
(d) the President shall
lay the report upon the table at the next sitting of the Senate.
(amended 24 August
1994, 13 February 1997)
39 Proceedings on report
(1) Subject to standing order 62(4), on
the presentation of a report of a committee no discussion shall take place, but
the report and any documents accompanying it may be ordered to be printed.
(2) Any proceeding on a report of a
committee shall be by motion after notice.
40 Meetings with House of Representatives committees
(1) A committee may not confer or sit
with a committee of the House of Representatives except by order of the Senate.
(2) When such an order has been made, it
shall be communicated by message to the House of Representatives with a request
that leave be given to the committee of that House to confer or sit with the
committee of the Senate.
(3) A committee permitted or directed to
confer with a committee of the House of Representatives may confer by writing
or orally.
(4) Proceedings of a conference or joint
sitting of a committee of the Senate and a committee of the House of
Representatives shall be reported to the Senate by its committee.
41 List of committees
Lists of all committees, of the matters
referred to them and of their reports shall be published in the Notice Paper.
42 Joint committees
(1) A proposal for a joint committee of
the Senate and the House of Representatives agreed to by the Senate shall be
forwarded to the House of Representatives by message.
(2) The proceedings of a joint committee
shall be reported to the Senate by one of the senators appointed to serve on
the committee.
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