Independent Arbitration of Public Interest Immunity Claims

2 February 2010

© Commonwealth of Australia 2010
ISBN 978-1-74229-237-3

View the report as a single document - (PDF 208KB)

The Committee has received correspondence from the Clerk clarifying the powers of the Senate to obtain evidence. Readers of the Inquiry report are directed to the attached paper, "The Senate's power to obtain evidence" published by the Clerk of the Senate in November 2008 for an account of the Senate's powers in this regard.

• Correspondence from the Clerk of the Senate - (PDF 123KB)
• The Senate's Power to Obtain Evidence - (PDF 59KB)

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View the report as separate downloadable parts:

Membership of the Committee	(PDF 24KB)
Recommendations	(PDF 13KB)
Chapter 1 - The terms of the inquiry	(PDF 13KB)
Background to the inquiry Conduct of the inquiry Acknowledgments Structure of the report
Chapter 2 - Background to the inquiry	(PDF 106KB)
The Senate's powers to require the giving of evidence Previous attempts to introduce independent arbitration Senate order relating to publication of a government contracts list Independent arbitration processes in state and territory parliaments The Senate's power to receive privileged documents Committee view
Chapter 3 - Independent arbitration processes—benefits, costs and potential for misuse	(PDF 40KB)
Potential benefits Costs Potential for misuse by the Senate Potential for frustration by government Committee view
Chapter 4 - The proposed Senate resolution	(PDF 59KB)
Outline of the proposal The role of the arbitrator The arbitrator's access to documents The proposed role of the Auditor-General
Chapter 5 - Conclusions	(PDF 9KB)
Australian Greens and Senator Xenophon's Dissenting Report	(PDF 47KB)
The need for an independent arbitration process The majority's arguments against independent arbitration The proposed Senate resolution Conclusion
Appendix 1	(PDF 6KB)
Submissions Received Additional Information Received
Appendix 2 - Public Hearing and Witnesses	(PDF 5KB)
Appendix 3 - NSW Legislative Council Standing Order 52	(PDF 6KB)
Appendix 4 - Legislative Council of Victoria, Sessional Order	(PDF 6KB)
Appendix 5 - ACT Legislative Assembly Order for the Production of Documents	(PDF 7KB)

For further information, contact:

Committee Secretary
Senate Standing Committees on Finance and Public Administration
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3439
Fax:	+61 2 6277 5809
Email:	fpa.sen@aph.gov.au