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Parliamentary Privilege
1 Procedures
to be observed by Senate committees for the protection of witnesses
In their dealings with witnesses, all
committees of the Senate shall observe the following procedures:
(1) A witness shall be invited to attend
a committee meeting to give evidence. A witness shall be summoned to appear
(whether or not the witness was previously invited to appear) only where the
committee has made a decision that the circumstances warrant the issue of a
summons.
(2) Where a committee desires that a
witness produce documents relevant to the committee’s inquiry, the witness
shall be invited to do so, and an order that documents be produced shall be
made (whether or not an invitation to produce documents has previously been
made) only where the committee has made a decision that the circumstances
warrant such an order.
(3) A witness shall be given reasonable
notice of a meeting at which the witness is to appear, and shall be supplied with
a copy of the committee’s order of reference, a statement of the matters
expected to be dealt with during the witness’s appearance, and a copy of these
procedures. Where appropriate a witness shall be supplied with a transcript of
relevant evidence already taken.
(4) A witness shall be given opportunity
to make a submission in writing before appearing to give oral evidence.
(5) Where appropriate, reasonable
opportunity shall be given for a witness to raise any matters of concern to the
witness relating to the witness’s submission or the evidence the witness is to
give before the witness appears at a meeting.
(6) A witness shall be given reasonable
access to any documents that the witness has produced to a committee.
(7) A witness shall be offered, before giving
evidence, the opportunity to make application, before or during the hearing of
the witness’s evidence, for any or all of the witness’s evidence to be heard in
private session, and shall be invited to give reasons for any such application.
If the application is not granted, the witness shall be notified of reasons for
that decision.
(8) Before giving any evidence in
private session a witness shall be informed whether it is the intention of the
committee to publish or present to the Senate all or part of that evidence,
that it is within the power of the committee to do so, and that the Senate has
the authority to order the production and publication of undisclosed evidence.
(9) A chairman of a committee shall take
care to ensure that all questions put to witnesses are relevant to the
committee’s inquiry and that the information sought by those questions is
necessary for the purpose of that inquiry. Where a member of a committee
requests discussion of a ruling of the chairman on this matter, the committee
shall deliberate in private session and determine whether any question which is
the subject of the ruling is to be permitted.
(10) Where a witness objects to answering
any question put to the witness on any ground, including the ground that the
question is not relevant or that the answer may incriminate the witness, the
witness shall be invited to state the ground upon which objection to answering
the question is taken. Unless the committee determines immediately that the
question should not be pressed, the committee shall then consider in private
session whether it will insist upon an answer to the question, having regard to
the relevance of the question to the committee’s inquiry and the importance to
the inquiry of the information sought by the question. If the committee
determines that it requires an answer to the question, the witness shall be
informed of that determination and the reasons for the determination, and shall
be required to answer the question only in private session unless the committee
determines that it is essential to the committee’s inquiry that the question be
answered in public session. Where a witness declines to answer a question to
which a committee has required an answer, the committee shall report the facts
to the Senate.
(11) Where a committee has reason to
believe that evidence about to be given may reflect adversely on a person, the
committee shall give consideration to hearing that evidence in private session.
(12) Where a witness gives evidence
reflecting adversely on a person and the committee is not satisfied that that
evidence is relevant to the committee’s inquiry, the committee shall give
consideration to expunging that evidence from the transcript of evidence, and
to forbidding the publication of that evidence.
(13) Where evidence is given which
reflects adversely on a person and action of the kind referred to in paragraph
(12) is not taken in respect of the evidence, the committee shall provide
reasonable opportunity for that person to have access to that evidence and to
respond to that evidence by written submission and appearance before the
committee.
(14) A witness may make application to be
accompanied by counsel and to consult counsel in the course of a meeting at
which the witness appears. In considering such an application, a committee
shall have regard to the need for the witness to be accompanied by counsel to
ensure the proper protection of the witness. If an application is not granted,
the witness shall be notified of reasons for that decision.
(15) A witness accompanied by counsel
shall be given reasonable opportunity to consult counsel during a meeting at
which the witness appears.
(16) An officer of a department of the
Commonwealth or of a state shall not be asked to give opinions on matters of
policy, and shall be given reasonable opportunity to refer questions asked of
the officer to superior officers or to a minister.
(17) Reasonable opportunity shall be
afforded to witnesses to make corrections of errors of transcription in the
transcript of their evidence and to put before a committee additional material
supplementary to their evidence.
(18) Where a committee has any reason to
believe that any person has been improperly influenced in respect of evidence
which may be given before the committee, or has been subjected to or threatened
with any penalty or injury in respect of any evidence given, the committee
shall take all reasonable steps to ascertain the facts of the matter. Where the
committee considers that the facts disclose that a person may have been improperly
influenced or subjected to or threatened with penalty or injury in respect of
evidence which may be or has been given before the committee, the committee
shall report the facts and its conclusions to the Senate.
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