Chapter 16 - Committees
Referral
of matters to committees
General
references
Matters for inquiry by the legislative
and general purpose standing committees are usually referred in accordance with
the procedure outlined in standing order 25(11). Notice of a
proposed reference may be given by a senator at the usual time for the giving
of notices or at any other time, without requiring leave of the Senate, when
there is no other business before the chair. Alternatively, a copy of the
notice may be delivered to the Clerk, who reports it to the Senate at the first
opportunity.
Motions to refer matters to standing committees are characterised as
Business of the Senate (SO 58) and therefore
take precedence over Government and General Business on the day for which they
are given. Motions to refer matters to select committees are characterised as
General Business and do not take precedence. Motions to modify references to
standing committees by altering the terms of references are treated as
equivalent to references to standing committees and are therefore placed on the
Notice Paper as Business of the Senate. Notice of such motions, if relating to
legislative and general purpose standing committees, may be given at any time
without leave in accordance with the procedure set out in standing order 25(11). Motions
which merely alter the reporting dates for references, however expressed, are
not regarded as modifications of references and therefore are not treated as
Business of the Senate, and notice of such motions may be given only at the
time provided for notices or at other times only by leave. Similarly, a motion to transfer a
reference from one committee to another is treated as general business unless
there is some change in the terms of the reference.
Matters may also be referred to committees by way of an amendment to a
motion during the consideration of a bill. During the consideration of
appropriation bills an amendment may be moved at any stage of the proceedings,
other than in committee of the whole, arising from a recommendation of a
committee (SO 115(4)).
In many cases, notice of a motion to refer a general inquiry to a
committee is given by the chair of the committee after a proposal for terms of
reference has been developed at the committee’s instructions by the
secretariat. Such notices are usually taken as formal on the day for which they
are given; that is, they are determined without debate. In a significant number
of cases, however, references are developed outside the committee and may be
debated extensively before being agreed to or disagreed to. The debate on a
reference provides a useful guide to the reasons for and scope of the inquiry,
as envisaged by the senators supporting it.
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