Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2003-47
Status:
Archived

C2003-47 Guidelines for Appearing Before Parliamentary Committees

Description

The primary rule applying to public officials who are required to attend and give evidence before parliamentary committees is that officers may only give evidence of a factual nature and should refer questions seeking opinions or judgements of a political nature to the Minister (when in attendance) or take them on notice for a written response from the Minister.

Detailed Outline

As you would be aware, estimates hearings before the Legislative Council's General Purpose Standing Committees have been underway for some time.

It is timely that I draw your attention to requirements applying to public officials who are required to attend and give evidence before parliamentary committees.

The guidelines that apply to public officials were most recently summarised by Circular 99-52

The primary rule is that officers may only give evidence of a factual nature and should refer questions seeking opinions or judgements of a political nature to the Minister (when in attendance) or take them on notice for a written response from the Minister.

Where questions on notice are submitted to agencies prior to the committee hearing, all answers must be approved by the Minister before being sent to the committee. Answers which would affect the whole of government or other agencies are to be referred to the Premier for approval.

Attached is a summary of previous guidelines. Could you please ensure that all officers who are required to appear before parliamentary committees are made aware of and adhere to the guidelines.

Roger Wilkins
Director-General
The Cabinet Office

GUIDELINES FOR PUBLIC SERVANTS APPEARING BEFORE PARLIAMENTARY COMMITTEES

Requests to appear and produce submissions

1. Where a request has been made for officers to attend a parliamentary committee hearing to give oral evidence, and the Minister has agreed that they should attend, the Minister is to nominate the appropriate officers.

2. The Committees have power to summon the attendance of witnesses (other than members of Parliament). If an officer is summoned, the officer should inform the Minister and attend as ordered.

3. A Committee may request written submissions or answers to questions on notice in advance. Any submission or answers must be approved by the Minister before being sent to a committee. If the submission is likely to impact upon other portfolios or affect the whole of government, the Premier's approval of the submission must be sought.

Oral evidence before Committees

4. Officers should only give evidence of a factual nature and should refer questions seeking opinions or judgements of a political nature to the Minister (when in attendance) or take them on notice for a written response from the Minister.

5. Where a question falls within the administration of another portfolio, the officer should request that it be referred to the appropriate body.

6. The Committees only have power to ask 'lawful questions' under the Parliamentary Evidence Act. Failure to answer a question which is not a 'lawful' question cannot result in the punishment of the witness. A question may not be a 'lawful question' if the answer is privileged (e.g. legal professional privilege, public interest immunity - which includes the confidentiality of Cabinet documents - or the privilege against self-incrimination) or if the question falls outside of the Committee's terms of reference.

7. A question may also not be 'lawful' if an officer is under a statutory obligation not to reveal information which is the subject of a question.

8. Where an officer is in doubt whether a question is 'lawful' or how to respond, the officer should take the question on notice and seek legal advice from the Crown Solicitor's Office.

9. Officers should be aware that the Houses of Parliament have the power to require the production of documents (other than Cabinet documents) regardless of claims for privilege. If a Committee requires an officer to hand over documents in the officer's possession at the hearing, the officer should request that the Committee refer the matter to the relevant House for a formal order to be made pursuant to the Standing Orders.

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Nov 17, 2003
Review Date
Dec 31, 2014
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet