Chapter 16 - Committees
Membership and chairs of committees
Members are appointed to committees in
accordance with any membership formula contained in the relevant standing order
or resolution, on motion, usually by a minister, following nomination by party
leaders in letters to the President. Membership of the legislative and general
purpose standing committees is equally shared between government and non-government
senators but the chair has a casting vote when the votes are equally
divided.
The provisions governing the appointment of committees usually provide
for the chair to be elected by the committee, subject to the prescription as to
the party from which the chair is to come. Occasionally the chair is designated
by the Senate (30/9/1999, J.1800).
A committee may
at any time replace its chair, subject to the governing requirements of the
Senate. If a senator is appointed to a committee as a substitute for a
particular inquiry for the senator who is the chair (see below, under
Substitute and participating membership) the committee may substitute another
of its members (not necessarily the senator substituted by the Senate) for the
chair for that inquiry. The same applies to the deputy chair. This does not
mean that there are two chairs or deputy chairs at any time, but that there are
different chairs or deputy chairs for the period of the committee’s
consideration of the different inquiries.
In the
legislative and general purpose standing committees the chair, or the deputy
chair when acting as chair, may appoint another member of the committee to act
as chair during the temporary absence of both the chair and deputy chair from a
meeting (SO 25(9)).
Membership of
committees to which the Leader of the Opposition or any minority groups or
independent senators may nominate members is normally determined by agreement. Where agreement
cannot be reached the question of representation on a committee is determined
by the Senate using the provisions in standing orders 25(6), 27(1) and (2), as
appropriate, in conjunction with standing order 163 which sets out
the mechanism for holding a ballot. Where other
standing orders do not apply, standing order 27(1) provides a
general mechanism for senators to be nominated for places on committees and, if
one senator so requires, to be selected by ballot. Standing order 27(2) provides that
a ballot may be held in selecting a senator to replace a senator discharged
from a committee. Although the ballot provisions are occasionally used,
membership is determined in most cases by agreement.
Membership of
committees may change during their life. When this occurs a
motion is moved, usually by a minister by leave without notice, discharging the
former member and appointing a new member nominated by the relevant party
leader or independent in a letter to the President. If a place becomes vacant
by virtue of a committee member ceasing to be a senator, there is no
requirement for a motion to discharge the former member.
Under standing order 25 the chairs of the
legislative and general purpose standing committees must be chosen from the
government party members, and the deputy chairs from the non-government
members. For procedures for electing chairs and deputy chairs, see below under
Conduct of proceedings, Meeting and election of chair.
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