I am advised that officers of State Government Departments and instrumentalities are uncertain of the rules and procedures which govern their appearances before committees of either the State or the Commonwealth Parliament.

The rules and procedures which should be followed in the event that officers are called upon to provide evidence or information to Parliamentary Committees are contained in a Memorandum which the Honourable N K Wran issued to Ministers on 19th November, 1984.

That Memorandum (number 84/2026) has been adopted by each administration, including this administration, since the Memorandum's issue in 1984. A copy of Memorandum numbered 84/2026 is attached for your reference.

Accordingly, I would ask that you bring this Memorandum, together with Memorandum 84/2026, to the notice of all Departments and Authorities within your administration.

Yours sincerely

N F Greiner MP

C/41
84/2026
19 November 1984

Provision of Evidence and Information to Committees of Parliament

(Memo to all Ministers)

From time to time State Government departments and instrumentalities are asked to provide evidence or information to committees of either the State or the Commonwealth Parliament.

A committee of the State Parliament would normally approach the Minister concerned or, if the matter was related to a broader issue of government, would approach the Premier in the first instance.

When a State parliamentary committee approaches the Premier, the request for assistance will be referred to the Ministers concerned for advice. All such advice should be provided promptly so that full account can be taken of the views of those Ministers when a response to the committee is being considered.

Subject to the views of Ministers in particular cases, the Government would expect to provide information sought by a committee and to agree to officers attending before the committee for the purpose of giving information or assisting the committee in regard to administrative arrangementsrelating to existing Policies.

It is preferred that the committee be provided with a written statement on which any oralevidence should be based.

It must be made clear to the committee that because the advocacy of Government policy is a Ministerial responsibility, officers should not be asked to canvass, interpret or express opinions on policy issues. The evidence of officers should be limited to factual information related to their duties or responsibilities.

When a committee of the Commonwealth Parliament wishes to seek assistance from the State Government, an approach is usually made to the Premier.

If a State Government submission to the committee is requested and/or considered appropriate, it is the practice to seek from Ministers concerned advice which may be incorporated in the submission. This advice should be provided in time to enable all the views expressed to be considered in the preparation of the submission.

If Ministers should be approached to provide information which relates entirely to their own portfolios, there is no objection to a written response being sent direct to a committee or to the attendance of officers before the committee. However, if a Minister proposes to canvass policy matters in a submission, the Minister should, if necessary, seek the concurrence of the Premier or of Cabinet, if appropriate, to the submission.

The position in regard to the provision of information sought by a committee of the Commonwealth Parliament and the role of officers who attend as witnesses is similar to that applicable to State parliamentary committees.

I am enclosing guidelines which have been prepared to assist officers who may be called upon to give evidence to parliamentary committees and I should be pleased if you would bring them to the notice of all departments and instrumentalities associated with your area of administration.

Yours sincerely,

Neville Wran
Premier.

GUIDELINES FOR OFFICERS WHO ARE WITNESSES
BEFORE PARLIAMENTARY COMMITTEES

A. State Parliamentary Committees

Guidelines for officers of departments or Government instrumentalities who are required to attend as witnesses before State parliamentary committees have been prepared on the basis that the advocacy of Government policies is a Ministerial responsibility. Officers may provide information to assist parliamentary committees.

1. Requests for an officer to attend before a committee or to provide material to it are to be made through the relevant Minister.

2. In the normal course, the committee should be supplied with a written submission on which any subsequent oral evidence should be based. All such submissions should be cleared within the department and with the Minister, if appropriate.

3. A submission should not take policy positions; that is, it:

(a) should not advocate or canvass the merits of Government policies;

(b) may describe Government policies and the administrative arrangements and procedures involved in implementing them;

(c) should not identify considerations which have led to a Government decision unless those considerations have already been made public or the release of the information is authorised by the Minister;

(d) may, with the concurrence of the Minister, set out policy options and list their advantages and disadvantages. Other matters of fact or background information may be included.

4. The role of an officer appearing as a witness before a committee is to speak to any submission provided and to assist the understanding of the issues involved.

5. Officers selected to provide information sought by a committee should have sufficient responsibility in the particular work area to be able to meet the committee's requirements. If necessary, the Minister should be consulted as to the attitude to be adopted in specific matters.

6. An officer, who, when giving evidence, believes that circumstances have arisen to justify a claim of public interest immunity, should suggest a postponement of the evidence until the Minister can be consulted.

7. Officers should take care in giving evidence that they do not intrude into the responsibilities of other departments or instrumentalities. Where a question falls within the administration of another department or instrumentality, the officer concerned should request that it be directed to that department or instrumentality or deferred until the relevant department or instrumentality has been consulted.

8. If it is anticipated that it will be necessary to tender documents or give evidence which it may be desirable to tender or give in camera, the matter should be raised beforehand at departmental or Ministerial level to enable an official attitude to be determined.

9. Officers who are required to give evidence to parliamentary committees should make themselves aware of the relevant law and practice of parliamentary privilege. It should be noted that the powers of Select and Standing Committees derive from the resolutions establishing them, Standing Rules and Orders and legislation, including the Parliamentary Evidence Act, 1901. In the case of the Public Accounts Committee, reference should also be made to the provisions of the Public Finance and Audit Act, 1983.

B. Commonwealth Parliamentary Committees

10. When a committee of the Commonwealth Parliament is inquiring into a matter which may affect the State it usually seeks the co-operation of the State and, in appropriate cases, asks the Premier to nominate officers in the departments concerned who would be able to act as contact officers.

11. If the committee should request a submission from the State Government, the Premier will seek from the Ministers concerned advice which may be incorporated in a State submission.

12. In the normal course, if it were considered appropriate, in light of the views of the Ministers concerned, that the State Government contribute information, the committee would be informed accordingly. The committee would also be advised that requests for State officers to attend would be favourably considered but it would be preferred that, in the first instance, information be provided by way of written statements on which oral evidence could be based.

13. The committee would be advised further that the evidence which could be given by State officers would be limited to factual information related to their duties and responsibilities and that they should not be expected to canvass or interpret policy or express opinions on matters of policy.

14. Officers who are nominated to attend and give evidence before Commonwealth committees should follow the guidelines set out for attendance before State parliamentary committees.