Chapter 17 - Witnesses
Procedures
for the examination of witnesses
The standing orders allow the Senate
and its committees to formulate procedures for the giving of evidence before
them (SO 35, 182; for rules
adopted by the Senate for the examination of certain witnesses in 1975, see
16/7/1975, J.832-3). This allows maximum flexibility in the conduct of hearings
of evidence. Any procedures adopted by committees, however, must be consistent
with the rules laid down by the Senate.
Standing order 35 requires that the
examination of witnesses before a committee
be conducted by members of the committee. It is therefore
not open to a committee to provide procedures whereby other persons put
questions to witnesses. Such a procedure
would require the authorisation of the Senate. The committee appointed in 1984
to inquire into allegations concerning a justice of the High Court was so
authorised: see Chapter 20, Relations with the Judiciary. The Privileges
Committee, under Privilege Resolution 2, is also excepted from this rule
because of the character of its proceedings, and witnesses before that
committee may be examined by counsel for the committee and counsel for other
witnesses.
Committees are able
to overcome any disadvantage arising from this restriction on the procedures
for formal hearings of evidence by adopting information-gathering techniques
other than formal hearings. Committees often arrange seminars, symposia or
round table discussions to be heard in their presence, whereby witnesses can
more freely discuss issues and put questions to each other (see also Chapter
16, Committees, under Evidence gathering).
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