Procedural orders and resolutions of the Senate of continuing effect
2 - Disclosure of minority or dissenting reports
- For the reasons, and bearing in mind the considerations, set out in paragraph (2), the Senate resolves and reaffirms that prior to the printing of a committee report a member or a group of members of the committee is not required to disclose to the committee any minority or dissenting report or any relevant conclusions and recommendations which the member or group of members proposes to add or attach to the report after it has been agreed to by the committee.
- The reasons and considerations referred to in paragraph (1) are:
- the clear terms of standing order 38(2) which confers on committee members the right to add or attach minority or dissenting reports, conclusions or recommendations “after” the draft report has been agreed to by the committee;
- the conclusions of the Procedure Committee that committee members “are not obliged to disclose minority reports to other members” and have a “right not to disclose their minority reports” (First Report of 1995);
- the need to protect the integrity of the right of a minority group to dissent from the “agreed” report of a majority group; and
- the need to recognise that use of procedures, practices or guidelines designed in effect to make the majority report provisional until the minority report is seen and dissected by the majority group, completely undermines the right of a minority to express its dissent from the “agreed” report of a majority group.
- This order is of continuing effect.
(22 November 1995 J.4198)
3 - Unauthorised disclosure of committee proceedings, documents or evidence
The Senate adopts the procedures, as outlined in the 20th report of the Committee of Privileges tabled on 21 December 1989, to be followed by committees in respect of matters on which such committees may wish action to be taken:
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- a committee affected by any unauthorised disclosure of proceedings or documents of, or evidence before, that committee shall seek to discover the source of the disclosure, including by the chair of the committee writing to all members and staff asking them if they can explain the disclosure;
- the committee concerned should come to a conclusion as to whether the disclosure had a tendency substantially to interfere with the work of the committee or of the Senate, or actually caused substantial interference;
- if the committee concludes that there has been potential or actual substantial interference it shall report to the Senate and the matter may be raised with the President by the chair of the committee, in accordance with standing order 81.
- Nothing in this resolution affects the right of a senator to raise a matter of privilege under standing order 81.
- This order is of continuing effect.
(20 June 1996 J.361)
4 - Joint committee documents – disclosure
The disclosure of evidence or documents of joint committees is authorised by the President of the Senate and the Speaker of the House of Representatives under the same conditions as are provided in standing order 37.
(6 September 1984 J.1086)
Note: Adopted by the Senate on 6 September 1984. Concurred with by the House of Representatives in relation to joint committees on 11 October 1984, message reported in the Senate on 16 October 1984.
5 - Witnesses’ expenses
In relation to the payment of witnesses’ expenses, if departments, or any other bodies, pay the expenses of other witnesses, this fact should be made known to the committees concerned, so that the committees are not misled as to the position of the witnesses and the status of their evidence.
(29 April 1999 J.815)
6 - Reference of Tax Expenditures Statement to committees considering estimates
The annual Tax Expenditures Statement stands referred to legislative and general purpose standing committees for consideration by the committees during their examination of the estimates of government expenditure under standing order 26.
(11 May 2004 J.3377, amended 14 August 2006: with effect from 11 September 2006 J.2481)