Chapter 16 - Committees
Power to appoint subcommittees
Some committees are authorised by the Senate to appoint subcommittees
to assist in carrying out the business of committees. These committees include
the Appropriations and Staffing Committee (SO 19(5)), the
Scrutiny of Bills Committee (SO 24(3)) and the
legislative and general purpose standing committees (SO 25(8)). Resolutions
for the establishment of select committees may also contain provision for the
appointment of subcommittees.
Senate committees which have inquiry powers but which do not have the
power to appoint subcommittees include the Regulations and Ordinances
Committee, the Publications Committee and the Committee of Privileges. In the
case of the first two committees listed, the absence of the power may be
attributed largely to historical reasons. The use of subcommittees by the Committee of
Privileges, however, is considered inappropriate given its role.
Subcommittees are usually provided with the same powers as their parent
committees. Standing order 25(15), for
example, empowers legislative and general purpose standing committees and any
subcommittees to send for persons and documents, to move from place to place
and to meet and transact business in public or private session and
notwithstanding any prorogation of the Parliament or dissolution of the House
of Representatives. Subcommittees may conduct any business which the committee
itself may perform, but only in consequence of a committee resolution of
appointment. Subcommittees may not report to the Senate, however, other than
through their parent committees which may adopt the report of a subcommittee.
Generally, the use of subcommittees increases a committee’s flexibility and
enables it to pursue several tasks simultaneously.
A subcommittee is
an agent of the committee and not the committee
itself, even in the presence of members who might otherwise constitute a quorum
of the committee capable of meeting in the presence of the chair. A
transformation from subcommittee to committee is not permissible in these
circumstances, as absent members could not have been given proper notice of a
committee meeting. However, the absence of sufficient notice is the only
impediment to a formal meeting of the full committee in such circumstances and
if this can be overcome, a subcommittee meeting may be transformed into a
committee meeting.
It is not permissible for a committee to appoint a subcommittee
comprised of whichever senators attend a particular meeting or hearing. The
full membership of a subcommittee must be specified by name and specific
matters referred to it. The resolution of appointment may specify a chair and
deputy chair or provide that the members of the subcommittee may elect their
own chair and deputy chair. In any event, the subcommittee must exist and
function in accordance with the standing orders of the Senate and a committee resolution
of appointment that is consistent with the standing orders.
Subcommittees are required to have at least one government and one
opposition senator (SO 27(6)).
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