18. COMMITTEES
Committees of the House of Representatives are established by the standing orders or by resolution of the House. Joint committees, which draw their memberships from and report to both Houses, are established by legislation (statutory committees) or by resolution of both Houses. Standing committees are appointed for the life of a Parliament and have a continuing role. Select committees are formed for a specific purpose and cease to exist when they have presented their final reports.
House of Representatives committees
General purpose standing committees
General purpose standing committees are established by the standing orders at the start of each Parliament (S.O. 324(a)). These are investigatory or scrutiny committees. Their function is to inquire into and report on any matters referred to them by the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote or expenditure, other financial matter, report or paper. Annual reports of government departments and authorities and reports of the Auditor-General are automatically referred to the relevant committee for any inquiry the committee may wish to make, in accordance with a schedule tabled by the Speaker showing the areas of responsibility of each committee (S.O. 324).
The names of the committees and the division of responsibilities between them may vary from Parliament to Parliament. Between them they cover most government activity, with each committee covering a particular spread of subjects and thus a number of related government departments and authorities. Because of the role of the Joint Committee on Foreign Affairs, Defence and Trade there is no general purpose standing committee covering these subject areas.
The general purpose standing committees appointed at the start of the 39th Parliament in 1998 were:
Aboriginal and Torres Strait Islander Affairs Communications, Transport and the Arts Economics, Finance and Public Administration Employment, Education and Workplace Relations Environment and Heritage Family and Community Affairs Industry, Science and Resources Legal and Constitutional Affairs Primary Industries and Regional Services.
Domestic or internal committees
The following standing committees are established by the standing orders at the start of each Parliament:
Committee of Privileges (S.O. 325). The committee inquires into and reports on complaints of breach of privilege which may be referred to it by the House (S.O. 95) or, during a non-sitting period, by the Speaker (S.O. 97A) (see Raising a matter of privilege in the House) or any other matter that may be referred by resolution of the House.
Library Committee (S.O. 326). The committees functions relate to the operation of the Parliamentary Library. It usually meets jointly with the equivalent Senate committee.
House Committee (S.O. 327). The committees functions are concerned with facilities for Members in Parliament House. It usually meets jointly with the equivalent Senate committee.
Publications Committee (S.O. 328). Documents presented to the House which are not ordered to be printed stand referred to this committee which recommends which of them should be printed as Parliamentary Papers (see Consideration by Publications Committee). In addition, when conferring with a similar committee of the Senate, the committee may inquire into and report on the printing, publication and distribution of parliamentary and government publications and on other matters referred to it by the relevant Minister. It usually meets jointly with the equivalent Senate committee.
Committee of Members Interests (S.O. 329). The committee inquires into and reports on arrangements made for the compilation, maintenance and accessibility of the Register of Members Interests.
Standing Committee on Procedure (S.O. 330). The committee inquires into and reports on the practices and the procedures of the House generally, with a view to making recommendations for their improvement or change and for the development of new procedures.
Selection Committee (S.O. 331). The committee arranges the timetable and order of business for private Members business and presentation and debate of committee and delegation reports on Mondays (see Selection Committee).
Select committees
Select committees may be set up by resolution of the House to inquire into and report on particular matters (S.Os 355356). A select committee may be required to report by a definite date, or as soon as possible, and upon completing its report it ceases to function. However, it is also possible for a select committee to be given power to report from time to time, in which case it may report at convenient intervals and may also report on additional matters referred to it.
Joint statutory committees
The following standing committees are required by Acts of Parliament to be appointed at the commencement of each Parliament:
Joint Committee on the Broadcasting of Parliamentary Proceedings Parliamentary Standing Committee on Public Works Joint Committee of Public Accounts and Audit Parliamentary Joint Committee on the National Crime Authority Parliamentary Joint Committee on the Australian Security Intelligence Organization Parliamentary Joint Committee on Corporations and Securities Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund.
The functions of these committees are prescribed in the Acts which establish them. However, in some cases the establishing Acts leave the detail of the membership, powers and procedures of the committees to the Parliament to determine. This is done by resolution of each House at the start of every Parliament. Like other joint committees, by convention these committees operate under Senate standing orders.
Other joint committees
The number and names of joint standing committees appointed by resolutions of both Houses can vary from Parliament to Parliament. The following joint standing committees were appointed at the start of the 39th Parliament in 1998:
Joint Committee on the National Capital and External Territories Joint Committee on Foreign Affairs, Defence and Trade Joint Committee on Electoral Matters Joint Committee on Migration Joint Committee on Treaties.
Joint select committees may also be appointed for a specific purpose by resolutions of both Houses—for example, the Joint Select Committee on the Republic Referendum established in 1999.
The functions, membership, powers and procedures of these committees are determined by the resolutions establishing them. Like other joint committees, by convention these committees operate under Senate standing orders.
Motions relating to committees
Parliamentary committees are subsidiary bodies of a House or both Houses of the Parliament. Their procedures are prescribed by the Houses appointing them, and their powers are delegated from those Houses. A committee can do nothing that the House (or Houses) has not instructed it or empowered it to do—that is, by resolution, standing order, or, in the case of statutory committees, by legislation. Therefore, as well as resolutions establishing committees, resolutions of the House are also necessary for a range of other reasons—for example, to alter terms of reference, extend a reporting date, or vary the number or composition of members. Motions are also moved to refer matters for investigation and report, although in many cases committees are given the ability to accept references directly from Ministers, and in some cases to initiate their own inquiries.
In the case of a motion relating to a joint committee, the initiating House sends a copy of the resolution with a message to the other House requesting its concurrence. The other House generally accepts the proposal or accepts it with modifications. In this case messages pass between the Houses until both have agreed to the same resolution. On occasion the other House may reject a proposal, or fail to respond.
Appointment of Members
Members are appointed to or discharged from a committee on motion moved without notice. When the House is not sitting and not expected to meet for at least two weeks party whips may write to the Speaker nominating the appointment or discharge of a member. The change operates from the time the nomination is received by the Speaker. The Speaker reports the change to the House at the next sitting when it is confirmed by resolution (S.O. 333).
Presentation of committee reports
A period is reserved on Mondays for the presentation and debate of committee reports (see Committee reports). However, committee reports may be presented at any time other business is not before the House (S.O. 102).
A copy of the report, signed by the Chair, and the committees minutes of proceedings are tabled in the House by the Chair or a member of the committee (S.O. 353). A copy of the transcript of evidence, other than confidential evidence, should also be tabled. Joint committee reports (S.O. 360) are tabled in both Houses, usually on the same day. Occasionally reports are tabled in one House some time before being tabled in the other, especially when the Houses follow different sitting patterns.
It is normal practice for the Member who presents a report to move that the report, with or without the accompanying documents, be printed (S.O. 354). If a Member presents a report from a committee during the period allocated on Monday, then, subject to any determination of the Selection Committee, he or she and other members of the committee can each be accorded priority in making a statement to the House for a period not exceeding 10 minutes. After the statements a specific motion in connection with the report (usually That the House take note of the paper) can be moved without notice by the Member presenting it, and the debate on the question is then adjourned until a future day to be determined by the Selection Committee (S.O. 102B). The order of the day for resumption of debate on a report may be referred to the Main Committee.
A Member presenting a committee report at times other than the period allocated on Monday may be granted leave to make a brief statement on the report and this may be followed by statements, by leave, from other Members. The consideration of the report may be set down for a subsequent sitting when a specific motion without notice in connection with it may be moved (S.O. 354). Leave is required to move such a motion (e.g. to take note) at the time of presentation.
Publishing of report when House not sitting
If the House is not sitting when the committee finishes a report (but normally only during longer adjournments), the committee may send the report to the Speaker (or if he or she is unavailable, the Deputy Speaker) who may give directions for its printing and circulation (S.Os 353, 360). Publication of the report is authorised on its receipt by the Speaker. The report must be presented to the House as soon as possible.
Standing orders relating to the operation of committees
S.Os 332354 govern the operation of committees generally. They apply to all committees of the House unless superseded by another standing order or resolution of the House. Joint committees operate under Senate standing orders.
Witnesses
S.Os 362368B contain rules relating to the appearance of witnesses before the House or House committees.
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