Chapter 17 - Witnesses
Offences
by witnesses
The Senate’s
Privilege Resolutions set out actions by witnesses which may have the tendency
or effect of obstructing the Senate or its committees in conducting inquiries,
and which may therefore be treated as contempts (Resolution 6(12), (13), (14)
and (15)). These offences include:
-
refusing to make an oath or
affirmation or to give some similar undertaking to tell the truth when required
to do so
-
refusing
without reasonable excuse to answer a question
-
giving
false or misleading evidence
-
failing
to attend or to produce documents when required to do so
-
avoiding
service of an order by the Senate or a committee
-
destroying
or tampering with documents required by the Senate or a committee.
It is extremely rare for witnesses to be charged with any of these
offences. Most cases of alleged contempts involving witnesses concern
allegations that witnesses have been interfered with (see Chapter 2,
Parliamentary Privilege, for cases investigated). This is an indication that
the main concern of the Senate in conducting inquiries is to ensure that its
witnesses are protected rather than to coerce witnesses.
It would not be fair for a witness who appears voluntarily by
invitation to be required to answer a question; only witnesses under summons
should be so required. In 1971 when a witness appearing voluntarily before the
Select Committee on Securities and Exchange declined to answer a question, the
witness was subsequently summoned to appear and then required to answer the
question.
For observations on the destruction of documents by witnesses, see
Chapter 2, Parliamentary Privilege, under Should the power to deal with
contempts be transferred to the courts?
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