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Parliamentary Privilege
2 Procedures
for the protection of witnesses before the Privileges Committee
In considering any matter referred to it
which may involve, or gives rise to any allegation of, a contempt, the
Committee of Privileges shall observe the procedures set out in this
resolution, in addition to the procedures required by the Senate for the
protection of witnesses before committees. Where this resolution is
inconsistent with the procedures required by the Senate for the protection of
witnesses, this resolution shall prevail to the extent of the inconsistency.
(1) A person shall, as soon as
practicable, be informed, in writing, of the nature of any allegations, known
to the committee and relevant to the committee’s inquiry, against the person,
and of the particulars of any evidence which has been given in respect of the
person.
(2) The committee shall extend to that
person all reasonable opportunity to respond to such allegations and evidence
by:
(a) making written submission to the
committee;
(b) giving evidence before the
committee;
(c) having other evidence placed before
the committee; and
(d) having witnesses examined before the
committee.
(3) Where oral evidence is given
containing any allegation against, or reflecting adversely on, a person, the
committee shall ensure as far as possible that that person is present during
the hearing of that evidence, and shall afford all reasonable opportunity for
that person, by counsel or personally, to examine witnesses in relation to that
evidence.
(4) A person appearing before the
committee may be accompanied by counsel, and shall be given all reasonable
opportunity to consult counsel during that appearance.
(5) A witness shall not be required to
answer in public session any question where the committee has reason to believe
that the answer may incriminate the witness.
(6) Witnesses shall be heard by the
committee on oath or affirmation.
(7) Hearing of evidence by the committee
shall be conducted in public session, except where:
(a) the committee accedes to a request
by a witness that the evidence of that witness be heard in private session;
(b) the committee determines that the
interests of a witness would best be protected by hearing evidence in private
session; or
(c) the committee considers that
circumstances are otherwise such as to warrant the hearing of evidence in
private session.
(8) The committee may appoint, on terms
and conditions approved by the President, counsel to assist it.
(9) The committee may authorise, subject
to rules determined by the committee, the examination by counsel of witnesses
before the committee.
(10) As soon as practicable after the
committee has determined findings to be included in the committee’s report to
the Senate, and prior to the presentation of the report, a person affected by
those findings shall be acquainted with the findings and afforded all
reasonable opportunity to make submissions to the committee, in writing and
orally, on those findings. The committee shall take such submissions into
account before making its report to the Senate.
(11) The committee may recommend to the
President the reimbursement of costs of representation of witnesses before the
committee. Where the President is satisfied that a person would suffer
substantial hardship due to liability to pay the costs of representation of the
person before the committee, the President may make reimbursement of all or
part of such costs as the President considers reasonable.
(12) Before appearing before the committee
a witness shall be given a copy of this resolution.
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