Chapter 16 - Committees
Conduct of inquiries
Referral
of matters to committees
Committees may inquire into and report
upon only such matters as are referred to them by the Senate. The terms of
reference may be contained in the standing order or resolution establishing the
committee.
Legislative and general purpose standing committees receive references
from the Senate by specific resolutions referring subjects for inquiry or
particular bills. Estimates of expenditure are referred to them in accordance
with standing order 26. The committees
have continuing references to consider annual reports and the performance of
departments and agencies allocated to them.
The standing orders declare that references to legislative and general
purpose standing committees should relate to subjects which can be dealt with
expeditiously and committees should take care not to inquire into matters which
are being examined by a Senate select committee (SO 25(12) and (13)). This
provision is designed to discourage duplication of inquiries; see advice attached
to the Legal and Constitutional Affairs Committee report on the budget
estimates 2008-09, PP 309/2008.
Unlike select
committees (see above), there is no requirement that a reporting date be fixed
when a matter is referred to a legislative and general purpose standing
committee but, in practice, most motions do include a reporting date. Where a
matter is referred to a committee and the resolution specifies a reporting date,
a senator may, after notice or by leave, move to modify the resolution to
extend or otherwise alter the reporting date (SO 28). The Senate seldom
refuses an application for an extension of time, particularly when a reasonable
explanation is given for the delay.
References to
the legislative and general purpose standing committees lapse at the
commencement of a new Parliament, apart from references which are automatically
made under the standing and other orders, such as the references of annual
reports and the performance of departments and agencies. The committees
therefore report in a new Parliament on references which they consider should
be continued, with any modifications or changes in reporting dates, and
references which should not be continued, and seek the endorsement of the
Senate of their proposed courses by means of motions to adopt those reports. Special
references to the legislative scrutiny committees are treated in the same way (29/11/2004, J.123).
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