Appearing before a parliamentary committee

What is a parliamentary committee?

Parliamentary committees investigate specific areas of policy, government administration and performance. They are integral to the functioning of Australia’s democracy, because they give organisations, experts and individuals a forum to take part in making policy.

Powers of a committee

A committee has the right to call witnesses to testify on an issue. If you knowingly lie to or mislead a committee, you can be found in contempt of Parliament, which Parliament can punish.

The committee produces a report for Parliament with its recommendations on the issue. Parliament then decides whether or not to accept them.

Types of committee

Committees of the House of Representatives come in several kinds:

• Standing committees are established (they “stand”) for the life of the Parliament, and can inquire into and report on any matter the House or a minister refers to them. Annual reports of government departments and authorities presented to the House are automatically referred to them for any inquiry they wish to make, according to a schedule presented by the Speaker that records each committee’s areas of responsibility.
• Select committees are appointed as the need arises, for a specific purpose, and have a limited life.
• Joint committees draw their members from both Houses of Parliament, and report to both.
• Statutory committees are established by an Act of Parliament. All existing statutory committees are joint committees.
• Domestic or internal committees deal with the powers and procedures of the House or the administration of Parliament.

What is an inquiry?

An inquiry is a committee’s opportunity to investigate a particular issue and give advice or recommendations on it to the Senate or the House of Representatives. It gives all the relevant parties a chance to have their say, and to be held to account.

Preparing for your committee appearance

Fourteen tips for your appearance:

• Be calm and respectful. Some members will try to antagonise you. The easiest and most professional way to handle it is to answer their questions and stay away from combative arguments. Never make a personal attack on a member.
• Feel free to ask for a question to be put again. If you disagree with an inference in a question, say “I disagree with the inference in your question; let me explain why.”
• If you don’t know the answer, you can take the question on notice. It shouldn’t be overused, but it is better than making an error or misleading the committee.
• Boring is beautiful. Wins for witnesses are very rare, but losses are very common. Try not to “win”.
• Understand the purpose of the inquiry. Read its terms of reference carefully.
• Review previous testimony. Go through any earlier hearings of the inquiry, and understand the particular questioning style of some members.
• Get to know the members of the committee. Read detailed biographies of each member and familiarise yourself with how they question witnesses.
• Dress appropriately. Formal professional dress is expected.
• Follow instructions. Keep to the committee’s rules on timing and instruction. When a member of the committee asks you to do something, it’s a good idea to comply.
• Address members correctly. Refer to members by their correct title: when speaking to them, “Mr”, “Ms” or “Doctor” and their last name. Address the chair as “Chair”, and ministers and assistant ministers as “Minister”.
• Know that parliamentary privilege covers you. Your evidence can’t be used against you in legal proceedings such as defamation, so when you give oral evidence you can speak without fear of legal reprisal.
• Stay across the news of the day. Members will expect you to know the big political stories of the day.
• Get to know the room in advance. Know what it looks like, so the occasion doesn’t intimidate you.
• Practise the 20 questions you’re most likely to be asked. Hone your answers in advance, and hold mock sessions where you practise answering both friendly and hostile questions.

Public hearings

Committee hearings are generally live streamed on the Australian Parliament House website, whether they are held in person or by video conference. Your audience will include the committee, the media, government officials, industry associations, local councils and other organisations.

In certain circumstances, such as when a witness’s evidence involves commercially sensitive material or matters that carry a security risk, the committee may hold a hearing, or part of one, in private. This is called an in-camera hearing.

On the day

Listen to the evidence of any witnesses who appear before you. It will give you a sense of the committee’s areas of interest, and put you in a better position to answer questions that refer to earlier evidence.

When you appear in person, the chair may ask you to swear or affirm that your evidence will be truthful and accurate. For witnesses giving evidence remotely, this step is sometimes skipped, but the legal obligation to be truthful and honest still applies.

When the time comes, the chair will ask you to state your full name and the capacity in which you appear before the committee: for example, as the CEO of a bank.

The chair will probably give you the chance to make an opening statement. Opening statements are generally three to five minutes long.

The chair generally starts the questions before handing over to the deputy chair. Depending on which members are present for your evidence, the chair will then give other members the chance to ask questions.

Responding to questions

Committees generally respond well to witnesses who are helpful and genuine, even if they don’t have all the information asked of them to hand. They generally don’t respond well to witnesses who seem defensive, obstructive or poorly informed.

Your opening statement signals to the committee what kinds of questions are appropriate to put to you, and which fall within your role.

If you don’t know the answer to a question, you can:

• Give what you do have, even if it doesn’t answer the question directly
• Suggest that another organisation might be better placed to respond to that line of inquiry
• Take the question on notice, so that the answer can be given to the committee in writing later

It is appropriate to take two or three questions on notice. If you take more, the committee may feel you haven’t come adequately prepared.

If you are questioned at length on one topic, you can:

• Restate your earlier evidence: “As I said before…”
• Note that you can’t really add to what you have already said on the subject

You can hold the line. Badgering witnesses is common, and if you keep restating your earlier evidence, or saying you can’t add to it, the member will eventually move on.

Common pitfalls

Some common pitfalls are easily avoided:

• Speaking when you think you can’t be heard. Assume you can be heard from the moment you take your seat at the witness table, even if you think you’re on mute, the committee is still hearing evidence from another witness, or it is on a break. If you’re dialling in remotely, assume the committee members and anyone listening can hear you from the moment you connect until you fully disconnect.
• Being visibly irritated or frustrated by questions. Questioning can become quite heated at times. Staying calm reflects well on you and on the quality of your evidence.
• Wearing distracting or matching clothing. It can help to coordinate with other witnesses appearing at the same time, so you don’t wear identical clothes.
• Unprofessional virtual backgrounds. When you appear by video link, make sure your background conveys a professional image in keeping with your organisation’s brand, your lighting is adequate and your camera is at eye height.