Role of the Committee

On 1 December 2016, pursuant to the agreement of the House of Representatives and the Senate, a Joint Select Committee was established to inquire into and report on the Commonwealth procurement framework.

The Resolution of Appointment states:

1. That a joint select committee, to be known as the Joint Select Committee on Government Procurement, be established to inquire and report by 31 May 2017* on the following matters:
   
   
1. the Commonwealth procurement framework;
   
   
2. consideration of the Commonwealth Procurement Rules to come into force on 1 March 2017 (CPR17) and, in particular:
   
   
1. clauses 10.10, 10.18, 10.30, 10.31 and 10.37 (the 'new clauses'),
   
   
2. how the new clauses can most effectively be implemented,
   
   
3. weighting and other mechanisms that should apply to any Commonwealth procurement decision making, taking into account CPR17, and
   
   
4. its interaction with any other Government policies and programs (including grants), instruments, guidelines and documents relating to procurement, including the Department of Finance's Resource Management Guide No. 415;
   
   
5. the extent to which CPR17 and any related instrument and rules can be affected by trade agreements and other World Trade Organization (WTO) agreements, including:
   
   
1. existing trade agreements Australia has entered into, and
   
   
2. trade agreements that the Commonwealth Government is currently negotiating, including the WTO Agreement on Government Procurement; and
   
   
6. any related matters.
   
   
3. That the committee consist of 10 members, 2 members of the House of Representatives to be nominated by the Government Whip or Whips, 2 members of the House of Representatives to be nominated by the Opposition Whip or Whips, 1 member of the House of Representatives to be nominated by any minority party or independent member, 2 senators to be nominated by the Leader of the Government in the Senate, 2 senators to be nominated by the Leader of the Opposition in the Senate and 1 senator to be nominated by any minority party or independent senator.
   
   
4. That participating members may be appointed to the committee, may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee.
   
   
5. That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
   
   
6. That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.
   
   
7. That the committee elect as its chair a member nominated by the Leader of the Government in the Senate.
   
   
8. That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
   
   
9. That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, has a casting vote.
   
   
10. That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
    
    
11. That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine.
    
    
12. That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
    
    
13. That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
    
    
14. That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
    
    
15. That the committee or any subcommittee have power to call for witnesses.to attend and for documents to be produced.
    
    
16. That the committee or any subcommittee may conduct proceedings at any place it sees fit and sit in public or private.
    
    
17. That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
    
    
18. That the committee may report from time to time, but that it present its final report no later than 31 May 2017.
    
    
19. That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
    
    
20. That a message be sent to the House of Representatives seeking its concurrence in this resolution.
    
    * On 10 May 2017 in the Senate and 11 May 2017 in the House of Representatives a resolution was passed to extend the reporting date to 30 June 2017.