Download - CO Submission Witness Guide November 2008

8/14/2019 CO Submission Witness Guide November 2008

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LEGISLATIVE ASSEMBLY FOR THE

AUSTRALIAN CAPITAL TERRITORY

MAKINGA SUBMISSIONORAPPEARING BEFOREA

COMMITTEEOFTHE LEGISLATIVE ASSEMBLYFORTHEACT

NOVEMBER2008


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COMMITTEE OFFICE

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TABLEOF CONTENTS

Introduction to committees ..................................................................4Types of committees ............................................................................4Committee inquiries .............................................................................5

INQUIRY INTO THE EARLY INTERVENTION AND CARE OFVULNERABLE INFANTS IN THE ACT ..............................................5

Preparing a submission ........................................................................6Lodging a submission ...........................................................................7Receipt and publication of submissions ................................................7Confidential submissions ......................................................................8Submission checklist ............................................................................8Appearing as a witness at a public hearing ..........................................9The public hearing ................................................................................9

Broadcasting ................................................................................10LIGHT STATUS ........................................................................10

Green Light .........................................................................10Red Light .........................................................................10

Amber Light ..................................................................10Transcripts ................................................................................... 11

In camera evidence ............................................................................11Parliamentary privilege ......................................................................11Further information ............................................................................12Glossary ..............................................................................................13


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Introduction to committees

The Legislative Assembly is a legislature for the people of the ACT.Following each election, the Assembly appoints committeescomprised of Assembly Members to carry out particular inquiries.

Committees inquire into public policy issues or public administration,either on their own referral or as a result of a referral from theAssembly. Committees can only inquire into matters falling withintheir resolution of appointment. Committees also have certainstatutory obligations, for example, in relation to Territory planningmatters.

Types of committees

There are two types of committees, standing and selectcommittees.

Select committees are appointed to inquire into specific issues andonce they have reported to the Assembly they cease to exist. A SelectCommittee on Estimates is established each year to examine theGovernment's Appropriation Bill. There is also currently a selectcommittee on the Ecological Carrying Capacity for the ACT andRegion.Standing committees are appointed for the term of the Assembly tomaintain ongoing inquiries into various subjects. The followingstanding committees were established at the commencement of theseventh Assembly in December 2008: Standing Committee on Administration and Procedure Standing Committee on Education, Training and Youth Affairs Standing Committee on Health, Community and Social Services Standing Committee on Justice and Community Safety (whichalso performs the duties of a Scrutiny of Bills and SubordinateLegislation Committee) Standing Committee on Planning, Public Works and Territoryand Municipal Services Standing Committee on Climate Change, Environment andWater Standing Committee on Public Accounts

There is also a standing committee on Administration and Procedure.This is an internal committee established for the purpose of advisingthe Speaker on certain matters and managing Assembly operationsand procedures.

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Committee inquiries

A major part of committee business is to conduct inquiries intomatters of public importance. The usual steps an inquiry takes are asfollows:

1. The committee is instructed to inquire into an issue by theAssembly or decides what to have an inquiry into and informs theAssembly.2. The inquiry is advertised in the local media and on theLegislative Assembly website inviting submissions from interestedparties. The committee may also write directly to individuals,community or business groups known to have an interest in thematter.3. Once received, submissions will be considered by thecommittee and if the committee agrees they are authorised forpublication.4. The committee holds a public hearing and hears oral evidencefrom selected individuals and organisations.5. The committee considers all the evidence from the submissions,public hearings and other research and prepares a report that usuallyincludes recommendations for government action.6. The report is tabled in the Legislative Assembly. Members of theAssembly have the opportunity to debate the findings of the report.7. The government considers the report and is required to preparea response. The response is usually tabled in the Assembly withinthree months.

Example of terms of reference and newspaper advertisement of aninquiry conducted by the Health and Disability Committee in theSixth Assembly (2008).

INQUIRY INTO THE EARLYINTERVENTION AND CAREOF VULNERABLE INFANTSIN THE ACT

To inquire into and report on theearly intervention and care of

vulnerable children in the ACT,focusing on the unborn child andinfants aged 02, with particularreference to:

children of drug affectedparents;

antenatal and postnatal careand support services availablefor vulnerable parents and theirchildren; early identification of achild at risk;

specific issues related toindigenous parents andchildren; and

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Preparing a submission

Written submissions are essential to the inquiry process. Committeesrely on the diversity of views and opinions on a particular topic andwelcome submissions from individuals, experts in the field,

representatives of groups and organisations, governmentdepartments and any other interested party.

There is no set format for a submission. It may be in the form of aletter, a short document or a more substantial paper. Committeeinquiries are guided by terms of reference that state the scope of theinquiry. Before preparing a submission, it is important to obtain acopy of the terms of reference (available on the Committee website).For submissions to be accepted they must be relevant to the terms ofreference, in whole or in part. While submissions do not have toaddress all the terms of reference for an inquiry, terms of reference

provide a useful guide for structuring submissions.

A closing date for submissions will usually be advised, but extensionsmay be granted in certain circumstances. The committee secretaryshould be contacted if an extension is required.

The best submissions are to the point, supported by evidence, andwritten in plain English. Submissions can also identify desired actionsor recommendations for the committee's consideration. If thesubmission is long, it is helpful to include a table of contents and abrief summary. The use of headings and titles is also advisable forclarity. It is also a good idea to indicate your willingness to appear at apublic hearing in your submission.

The Standing Committee on Planning, Territoryand Municipal Services has a statutoryrequirement to inquire into all Draft Variationsof the Territory Plan. In this case the committeedoes not have terms of reference. The exampleis from an advertisement in The CanberraTimes from the Standing Committee of Planningand Environment from the SixthAssembly.

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Front cover of a submission prepared byACTCOSS for the Standing Committee onHealth and Disability. All submissions areavailable on the web site.

If a person is unable, for whateverreason, to prepare a writtensubmission, the committeesecretary should be contacted as

early as possible to discuss thepossibility of giving oral evidenceat a public hearing.

Lodging a submission

The covering page or letter mustinclude the following information:

Name of the committee andthe inquiry;

Author's name (or, if anorganisation, the organisations name and a contact person);

A postal address and contact telephone number; and An e-mail address (if possible).

Typed electronic submissions are preferable, although legible hand-

written submissions are acceptable. Submissions should not bestapled or otherwise bound. Submissions should be sent to:

The SecretaryStanding/Select Committee on [Committee Name]

Via e-mail: [email protected] post: GPO Box 1020

CANBERRA CITY ACT 2601Hand delivered: Committee Office

Legislative Assembly for the ACTLondon CircuitACT 2600

Receipt and publication of submissions

Once the committee receives a submission it becomes the property ofthe committee and must not be published, or otherwise circulated,until it is authorised for publication. Once authorised, the submissionis posted on the Legislative Assembly website and is made publicallyavailable. This process is completed as soon as possible.

Once received by the committee, the submission is covered byparliamentary privilege (see p 10). For this reason, committees are

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very careful about receiving submissions and authorising them forpublication. The committee has the authority to not authorise asubmission if it believes publication would be inappropriate or not inthe public interest.

Confidential submissions

If a submitter wants their evidence to remain confidential, therelevant committee secretary should be contacted to discuss thematter or advice to that effect should be included in the coveringletter to the submission.

Committees will consider requests for confidentiality. However, it isultimately the committee's decision to confer confidentiality on asubmission. While a committee may agree to a submission orevidence being classified as confidential in the first instance, acommittee can publish that evidence at a later date. Committees willgenerally advise or consult with affected parties prior to doing so.

Submission checklist

Have I addressed some or all of the terms of reference?

Have I included my contact details including; name, postaladdress, telephone number and email address?

Have I sent an electronic version of my submission (if possible)?

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Appearing as a witness at a public hearing

Once submissions have been received a committee may hold one ormore public hearings to gather further evidence. The Committeemakes the final decision on who will appear at the public hearing

based on the submissions and other factors. Not everyone who madea submission will be invited to appear in person. People who appearbefore a committee are called witnesses.

The purpose of having public hearings in addition to writtensubmissions is to: allow the committee to ask questions that prompt witnesses toclarify and expand on material in a submission; and give witnesses an opportunity to respond to points made by othersubmitters and witnesses.

Although some inquiries will receive most evidence through publichearings, for example the examination of Budget Estimates, theevidence given in public hearings has no greater weight than thatgiven through submissions.

The public hearing

Most public hearings are held in Committee Rooms 1 and 2 in theLegislative Assembly building on London Circuit. Entrance to this partof the Assembly building is via the public entrance on Civic Square.Public hearings are open to the general public and the media.

Witnesses receive information on the time and venue for the hearing

and a Witness Details form, which should be completed prior to thehearing, if possible, and returned to the committee secretary. If not,the completed form may be given to the committee secretary on theday of the hearing. On arrival you can wait in the public gallery or, ifthe door to the committee room is closed, at the lounges in thewaiting area. Witnesses should not approach the committee table atany time. Should the need arise the secretary will come to you.

If witnesses have any special needs, the secretary should be advisedbefore the hearing. Arrangements can also be made for the use of

PowerPoint slides. Similarly, if a witness intents to table a documentor exhibit during the hearing, enough printed copies for each member

Standing Committee on Planning and Environment Sixth Assembly

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The Estimates Committee SixthAssembly

of the committee andthe secretary should be handed to the secretaryat the commencement of the presentation.

The hearing is facilitated by the Chair of the Committee. Other peopleseated at the table are the committee members (usually 3 in total )

and the committee secretary. On occasions other members of theLegislative Assembly may be present.

The Chair will call each witnessin turn to the table. Before thehearing can proceed the Chairwill confirm that the witness hasread the Privilege statement andunderstands its meaning. If thewitness has not read thestatement the Chair will read itand ensure that its meaning hasbeen understood. The Chair willthen invite the witness to statetheir full name and the capacity in which they appear before thecommittee (i.e. representing an organisation or as an individual).

Witnesses will then be invited to make a short statement (generallyno more than five minutes) after which Members may ask furtherquestions. Witnesses should keep in mind the time limit that thesecretary has advised for their appearance. If the committee already

has a written submission from a witness, that witness can best usetheir time focussing on the key points from that submission andresponding to the points made in other submissions and by otherwitnesses.

If a witness is unable to fully answer questions, they are able toundertake to provide the information at a later time this is calledtaking a question on notice. If a witness needs clarification on whatis required they should speak to the secretary immediately after thehearing. If the committee asks for information that a witness is notreasonably able to provide, the committee should be advised at the

hearing.

BroadcastingPublic hearings are broadcast throughout the Assembly building andweb streamed via the Legislative Assembly website. Green, red andamber lights in the committee rooms indicate the status of thebroadcast. Public hearings may also be filmed or taped by the media.

LIGHT STATUSGreen Light Red Light Amber LightWhen illuminatedindicates to roomoccupants that Hansard is

When illuminated,indicates to roomoccupants that Hansard is

When illuminated,indicates to roomoccupants that vision of

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performing audiorecording of proceedings.

performing audiorecording and audioproceedings is beingmade public by way ofreticulation throughoutbuilding and to authorised

external recipients.

proceedings is being webstreamed via theLegislative Assemblywebsite.

TranscriptsThe proceedings of all public hearings are recorded by Hansard andtranscribed for the public record. Following the hearing, witnesses willbe sent the proof transcript of evidence and asked to make anycorrections of factual errors which have been inaccurately transcribed.Evidence cannot be amended nor can a witness give new evidence forinclusion in the transcript. If a witness wishes to provide additionalevidence they should do so in the form of a supplementarysubmission.

The proof transcript is posted onto the Assembly website and isreplaced with the final transcript as soon as it is available. Thisprocess usually takes three to four weeks.

In camera evidence

In certain circumstances, witnesses may wish to give evidence inprivate [in camera] rather than at a public hearing. If so, thecommittee secretary should be notified prior to the hearing in order

that the matter can be considered by the Committee prior to thecommencement of the hearing.

Only the committee and the secretary are present for in camerahearings; anyone in the public gallery will be asked to leave. While theevidence is still transcribed, the transcript is not published in the firstinstance, although, as with submissions, the Committee may decideto publish the evidence at a later date.

Committees will only agree to keep submissions confidential or hearconfidential evidence at an in camera hearing in limited

circumstances. Because committees need to engage in an openprocess when investigating matters, confidential evidence that cannotbe openly tested is less useful than that which is taken at publichearing. However, in some circumstances, there is a genuine need forpartial or total confidentiality.

Parliamentary privilege

Committee proceedings are considered to be proceedings inparliament and as such are protected by parliamentary privilege.

Privilege means that witnesses and submitters cannot be sued forwhat is said or written and evidence may not be used in courts ortribunals to question the truth, motives or credibility of any person.

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Witnesses do however, have a responsibility to ensure that theirevidence is not intentionally defamatory or misleading and to tell thetruth. Knowingly providing false or misleading information to acommittee can lead to a witness being held in contempt of theAssembly.

Further information

Further information is available from the Committee Office:

02 6205 0127

@ [email protected] www.parliament.act.gov.au

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Glossary

authorise for publicationauthority of a committee to publish (make public) submissions andother documents it has received in the course of its inquiry

committeea small group of members of the Legislative Assembly, usually drawnfrom all parties, which examines, reports on, and makesrecommendations about a particular subject

exhibita document or item (such as a photograph) which is provided to thecommittee to assist in their inquiries but has not been producedspecifically for that purpose

hearing (of a committee)

a public or in camera meeting of a parliamentary committee for thepurpose of taking oral evidence

in cameraa hearing conducted in private for reasons of confidentiality

parliamentary procedurerules for and methods of carrying out the business of a house ofParliament

privilegethe immunity of the Legislative Assembly and its members and theirpowers to protect the integrity of parliamentary processes

referencea matter that has been referred to a committee for consideration andreport; a subject being considered by a committee

report (of a parliamentary committee)a statement, usually in writing and containing recommendations, ofthe results of an inquiry by a committee

secretary (of a parliamentary committee)a parliamentary officer who looks after the support arrangements fora committee, including correspondence, record-keeping, research,

and arrangements for meetings where witnesses give evidence, andwho often prepares the first draft of a committees report

select committeea committee established to inquire into and report on a particularsubject; a select committee ceases to exist when it has made its finalreport to the house or houses

standing committeea committee appointed to inquire into and report on certain mattersset out in the resolution of appointment passed by the LegislativeAssembly; a standing committee continues to exist for the duration of

the Legislative Assembly

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standing ordersa collection of rules agreed to by a house which govern the way itconducts its business

submissiona written representation to a committee of an individual or a groupsviews about the terms of reference of an inquiry

tableto present a document or other item to the Committee. The paperthen becomes part of the committees records

terms of reference (of a committee)the scope for activity and investigation defined by the committee orthe Legislative Assembly regarding a matter referred for inquiry

witness (before a committee)a person who gives evidence to a committee

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