9.2 Guidance in relation to dealings with Queensland Parliamentary Committees
9.2.1 Public service employees
Public service employees and employees of statutory authorities, government owned corporations and other government entities may have dealings with Parliamentary Committees as either an assistant or a witness. In both roles, they can provide committees with detailed information about the processes and operations of a department or entity to allow committees to effectively discharge their functions to scrutinise the executive, consider proposed legislation and conduct reviews and inquiries on behalf of the Legislative Assembly.
The Code of Practice for Public Service employees (PDF, 735 KB) assisting or appearing before Parliamentary Committees provides guidance for public service employees dealing with Parliamentary Committees as either an assistant or as a witness.
The Code of Practice applies to public service employees of entities declared to be government departments in accordance with section 14 of the Public Service Act 2008.
The Code of Practice may also be used by officers and employees of statutory authorities, government owned corporations and other government entities.
Under the Code of Practice, public service employees may make objections to producing material or answering questions in relation to committee hearings. If the Committee’s leave is obtained to seek the Chief Executive’s view about information a public servant employee believes should not be released, consideration should be given to whether Crown Law advice is required, particularly if the grounds of objection may include complex legal concepts such as public interest immunity or legal professional privilege.
Where requested material is a Cabinet document (including a Cabinet working paper), the Chief Executive must consult with the Cabinet Secretary and if appropriate seek legal advice, in particular regarding any possible claim of public interest immunity, before copies of such documents are provided.
Chief Executive Officers should ensure The Cabinet Office is briefed and consulted in relation to committee hearings. For example, it may be necessary to coordinate evidence and provide a whole-of-government perspective on issues concerning more than one agency.
9.2.2 Statutory office holders
Certain statutory office holders, such as the Auditor-General, the Chairperson of the Crime and Corruption Commission and the Queensland Ombudsman, have defined functions independent of Ministers. Submissions to Parliamentary Committees by such office holders dealing with matters arising from their independent functions do not require approval of the Minister.
The Code of Practice for Public Service employees assisting or appearing before Parliamentary Committees may also be used by statutory officers as reference document when assisting parliamentary committees.
A separate Code of Practice has also been developed in relation to the assistance that the Auditor-General and the Queensland Audit Office are able to provide portfolio committees (refer to Schedule 9 of the Standing Orders of the Legislative Assembly. This Code of Practice is intended to be used as a guide to ensure that interactions between portfolio committees, Members of Parliament and the Auditor-General are appropriate, and that these interactions respect the independence of the Queensland Audit Office and the role and status of the portfolio committees.
9.2.3 Estimates
Parliamentary Portfolio Committees consider the relevant appropriation bills and the estimates for the committee’s area of responsibility. Procedures for estimates are set out in Part 6 of the Standing Orders of the Legislative Assembly.
Ministers, Directors-General and certain Chief Executive Officers must be present at all times in estimates hearings where they are responsible for the relevant area or entity under consideration. The list of entities to which direct questioning of Chief Executive Officers at estimates is to apply is set out in Schedule 7 of the Standing Orders of the Legislative Assembly.
Ministers may also have advisers present to assist.
