Chapter 3 - Publication
of Senate proceedings
Committee
proceedings
Most Senate committees are authorised to meet in public or in private
session; the only exceptions are standing committees examining estimates, which
must hear all their evidence in public and publish all documents received by
them.
Committees usually hear evidence in public and publish all documents
laid before them, but occasionally evidence is taken in private session and
documents withheld from publication, usually for the protection of witnesses.
Committees deliberate in private session (SO 36).
The hearing of witnesses before Senate committees must be recorded in a
transcript of evidence (SO 35(2)). Transcripts
of public hearings are published, and committees may order the publication of
transcripts of in camera hearings. In either case the publication is absolutely
privileged.
Provision is made in standing order 25(16) for the
publication of a Daily Hansard of the public hearings of the legislative and
general purpose standing committees. Provision is also made in relation to
committees examining estimates for a Hansard report to be circulated as soon as
practicable after each day’s proceedings (SO 26(7)). Resolutions
appointing other committees usually authorise the publication of their
Hansards.
The transcript or other record of a
committee hearing, including a sound recording, belongs to the committee. The
question of senators’ access to the sound recordings of committee proceedings
arose on 29 November 1990, when a senator asked the President about access
to tape recordings of a joint parliamentary committee. The President’s response
setting out the procedures relating to access was as follows:
The responsibility for the
transcription of the proceedings of parliamentary committees rests with
Hansard. When a transcript is completed, Hansard forwards that transcript in
electronic and hard copy form to the committee, which undertakes the printing
and distribution of that transcript. The committee subsequently advises Hansard
of any suggested corrections to the transcript. Any request to Hansard for
access to a tape-recording of the proceedings of a committee or an unproofed
version of the transcript is referred by Hansard to the committee for decision.
Usually that decision is advised to Hansard by the
committee secretary after consultation with the committee chairman. This is
what occurred in relation to the matter raised by Senator Vanstone. The principle is that transcripts, both proofed and unproofed, are the
property of the committee and it is a matter for each committee to determine
access to that material and advise Hansard accordingly. (SD, 4/12/1990, pp
4880-1)
The Senate, however, may make orders in relation to records of
committee proceedings. On 6 December 1990 a senator moved that the Principal
Parliamentary Reporter be directed to make available to members of the Parliamentary Joint
Committee on the National Crime Authority the Hansard sound recording of the
public hearing of that committee held on 21 November 1990, in the absence of a transcript of those sound
recordings. That question was passed without debate (6/12/1990, J.518).
See also Chapter 16, Committees, under Conduct of proceedings,
Disclosure of evidence and documents. For the expungement of matter from
committee transcripts, see Chapter 17, Witnesses, under Protection of
witnesses.
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