The main purpose of a parliamentary committee is to inquire into a particular topic and report back to the Parliament. Committees want to hear the views and opinions of people and organisations who know about the inquiry topic. To do this, committees usually ask for written submissions and hold public hearings.

House of Representatives Infosheet number 4 provides further information about parliamentary committees.

Who can participate?

The committee decides who will be invited to give evidence at a hearing. People giving evidence are referred to as witnesses.

An organisation invited to give evidence will usually decide who is the best person or people to represent it at the hearing. Organisations should ensure that the chosen witnesses have appropriate knowledge of the issues.

Most witnesses take part voluntarily. However, a committee has the power to summon people to appear.

Before the hearing

The committee secretariat will contact witnesses to discuss the date, time and place of a hearing. If the hearing is to be held by teleconference or videoconference the secretariat will send instructions and links. The secretariat will also send you a link to the terms of reference for the inquiry, and a link to the resolutions agreed by the Parliament for the protection of witnesses before committees.

Witnesses must complete a short form with their information for use by Hansard (the official record keepers of what happens in parliamentary hearings or sittings). This ensures that all personal information (name, job title) is correct on the formal record. Please advise the secretariat if witnesses have any requirements for additional support. If necessary, the secretariat can arrange help such as interpreters or hearing loops.

Hearings are usually broadcast. If you do not want the hearing to be broadcast, advise the committee secretariat before the hearing and provide reasons. The decision will be made by the committee as to whether they will allow evidence to be given in private. This request can also be made at any time during the hearing.

Before the hearing, consider whether you are likely to discuss any matters that are confidential, sensitive or relate to something that is currently before the courts or a judge. If so, please contact the secretariat to discuss further.

Some witnesses find it helpful to read transcripts of previous public hearings before talking to the committee. This can give an indication of the types of questions the committee may ask, and any aspects of the topic the committee is particularly interested in.

What happens at a public hearing?

Committee hearings are conducted in public, are broadcast, and media may be present. A transcript is made and later published on the committee’s website. A hearing is generally divided into sessions of around 30 to 60 minutes per witness or group.

Committees sometimes group witnesses together to hear from as many witnesses as possible in the time available, and to allow more interaction between witnesses. Occasionally a committee will hear brief statements – 5 to 10 minutes – from a larger number of people.

A program will be available on the website shortly before the hearing.

Being a witness step-by-step

• If appearing in person, arrive at the hearing venue at least 15 minutes before your scheduled time and introduce yourself to committee staff.
• If appearing by video or teleconference, follow the instructions for joining the conference sent by the secretariat, and make sure your microphone is on mute until it is your turn to speak.
• When the committee is ready, the chair will call you to the table – or confirm your presence via video or audio – to give your evidence.
• The chair will ask you to state your full name and the capacity in which you are appearing before the committee (for example, are you representing an organisation or appearing as a private citizen).
• The chair will make a formal statement informing you of your rights and obligations and reminding you that these are parliamentary proceedings.
• You will usually have an opportunity to make a brief opening statement (less than five minutes) to give an overview of who you are and your main views on the subject.
• The committee will then ask you questions via the chair. Most committee chairs ensure that each member has an equal share of the time to ask their questions.
• You may take questions on notice and provide a written answer later if you are not able to answer the question at the time.
• If you do not want to answer a question, the committee will hear your reasons for refusing to answer, and decide on the next steps. This could include rewording the question, taking the answer in private, allowing you to provide the answer later in writing, or the committee has the power to insist on an answer.
• At the end of the time slot, the chair will end the session and call the next witness.

Private hearings

While committee hearings are generally conducted in public, in some cases a committee may decide to take evidence privately (in camera).

It is up to the committee to decide if evidence can be taken in private. They can decide based on the subject matter, or if a witness requests it. A witness can request privacy at any time, although the decision rests with the committee. If you think that your evidence should be given in private, please raise this with the secretariat before the hearing.

If the request is granted by the committee, the public and media will be excluded from the hearing. The committee retains the power to publish the evidence at a later date, although it will consult with the witness before deciding to publish.

Broadcasting

All public hearings are audio broadcast live on the internet. Some hearings in Canberra are also video broadcast. The recordings (both audio and video) will be available on the website after the hearing.

Media may also be present. If you have concerns about being recorded, photographed or filmed, you should raise this with the committee secretariat before you start to give evidence. The committee can decide whether to allow the media to record.

Other documents

If you wish to refer to other documents at the hearing, either send them to the secretariat at least two days beforehand or bring enough hard copies for all the committee members.

Committees do not usually allow witnesses to show videos or make presentations. If you have audio visual material you would like the committee to see, please contact the secretariat before the hearing to discuss it further.

Addressing committee members

Hearings are formal occasions, and committee members are usually addressed as ‘Senator Smith’ or ‘Mr/Ms Smith’ for MPs. The chair of the committee is usually addressed simply as ‘Chair’.

Government officials

The Parliament has resolved that departmental officers shall not be asked to give their opinions on policy, reasons for policy decisions or advice which staff may have tendered in policy formulation. Officers will be given reasonable opportunity to refer questions to their department or the appropriate minister (see also the document Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters available from the Department of the Prime Minister and Cabinet website).

After the hearing

Sometimes a committee may seek additional information on specific issues from a witness after the hearing. The secretariat will also be in contact if you took any questions on notice for a later reply. Responses to questions taken on notice and further questions may be treated in the same way as written submissions; that is, accepted as evidence to the inquiry and published on the inquiry web page.

Hansard will make a transcript of the public hearings. You will be given a proof and the chance to correct any errors of transcription. Both proof and final transcripts for public hearings are published on the Australian Parliament website.

When the inquiry is finished and the committee has published its report, the secretariat will let you know and send you a link to the final report. You can also track the inquiry via the website.

Your rights

Giving evidence is protected by parliamentary privilege. This means that it is an offence for anyone to try to stop you from giving evidence by threats or intimidation. It is an offence for anyone to harass you or discriminate against you because you have given evidence. What you say in evidence to a committee cannot be used in court against you or anyone else. Committees can only ask questions that are relevant to the inquiry.

Your obligations

Committee hearings are a proceeding of the Parliament. Giving false or misleading evidence to a committee may be a contempt of Parliament under the Parliamentary Privileges Act 1987. Disorder and disruption during a hearing by anyone – including a witness – may also be a contempt of Parliament.

Further information

This information is for parliamentary committees in general. Some committees have different, very specific, legislated requirements. Further information can be sought from the secretary of the committee conducting the particular inquiry or from the:

Office of the Clerk Assistant (Committees)
House of Representatives
Parliament House
CANBERRA ACT 2600

Tel: 02 6277 4397
Email: ClerkAssistant.Committees.reps@aph.gov.au

See also House of Representatives ‘Procedures for dealing with witnesses’ and related guidance on parliamentary committees:

• Making a submission
• Dealing with Parliamentary Committees — this guidance sheet also lists contact details for each committee secretariat.

Keep up with the work of parliamentary committees on Facebook, Twitter, YouTube and the media alert service, and by using the Track Committee facility, available on House of Representatives committee webpages.