official remains concerned about providing the information, it would be open to the responsible minister to make a PII claim in the manner outlined in . In some instances it might be possible to meet a request by removing committee’s information that identifies individuals. Officials may wish to seek legal advice when a request for information covered by secrecy provisions is pressed by a committee. In camera evidence Witnesses may seek a agreement to give evidence in a private session committee’s (i.e. in camera). Senate estimates committees, however, must conduct hearings in public. It would be unusual for an official witness to seek to give evidence in camera, but it may be necessary in situations where: (a) a case could be made for a PII claim but the minister considers, on balance, that the public interest lies in making information available to the committee; (b) similar or identical evidence has previously been given in camera to other hearings of the committee or other committees of the parliament and has not been made public. Requests for an in camera hearing would normally be made by the minister or by a witness after consultation with the minister and departmental secretary or agency head. Such consultation might not be appropriate, however, in the case of officials giving evidence of events or conduct, as described in . It is important to be aware that committees (or the Senate or House of Representatives) are able to decide that evidence taken in camera or provided in confidential submissions should be published. Committees would usually inform a witness before publication, and possibly seek concurrence, but there is no requirement for that to occur. If a committee seeks an official to publish in camera evidence, witness’s concurrence the witness should ask the committee for time to allow him or her to consult the minister or the departmental secretary or agency head (noting that this may not be necessary if the witness is appearing in a personal capacity see ). – Requests for evidence the ‘off record’ There is no category of the provision of information to a committee and ‘off record’ officials should not offer to brief committees or members in this way. In the event that an official is asked to provide information to members of a committee the or in any ‘off record’ manner that would not appear to be covered by parliamentary privilege, the official should request a postponement until the minister can be consulted, unless the possibility has been clearly foreshadowed with the minister and the official has been authorised to provide the information.
official remains concerned about providing the information, it would be open to the responsible minister to make a PII claim in the manner outlined in . In some instances it might be possible to meet a committee’s request by removing information that identifies individuals. Officials may wish to seek legal advice when a request for information covered by secrecy provisions is pressed by a committee. In camera evidence Witnesses may seek a committee’s agreement to give evidence in a private session (i.e. in camera). Senate estimates committees, however, must conduct hearings in public. It would be unusual for an official witness to seek to give evidence in camera, but it may be necessary in situations where: (a) a case could be made for a PII claim but the minister considers, on balance, that the public interest lies in making information available to the committee; (b) similar or identical evidence has previously been given in camera to other hearings of the committee or other committees of the parliament and has not been made public. Requests for an in camera hearing would normally be made by the minister or by a witness after consultation with the minister and departmental secretary or agency head. Such consultation might not be appropriate, however, in the case of officials giving evidence of events or conduct, as described in . It is important to be aware that committees (or the Senate or House of Representatives) are able to decide that evidence taken in camera or provided in confidential submissions should be published. Committees would usually inform a witness before publication, and possibly seek concurrence, but there is no requirement for that to occur. If a committee seeks an official witness’s concurrence to publish in camera evidence, the witness should ask the committee for time to allow him or her to consult the minister or the departmental secretary or agency head (noting that this may not be necessary if the witness is appearing in a personal capacity – see ). Requests for evidence ‘off the record’ There is no category of ‘off the record’ provision of information to a committee and officials should not offer to brief committees or members in this way. In the event that an official is asked to provide information to members of a committee ‘off the record’ or in any manner that would not appear to be covered by parliamentary privilege, the official should request a postponement until the minister can be consulted, unless the possibility has been clearly foreshadowed with the minister and the official has been authorised to provide the information.
Gov_Guidelines_for_Official_Witness_Feb_2015.docx