MOTIONS

Senator CASH (Western Australia—Leader of the Opposition in the Senate) (15:38): I seek leave to amend general business notice of motion No. 673. Leave granted. Senator CASH: I, and also on behalf of Senator David Pocock, Senator Waters and Senator Lambie, move the motion as amended: That the Senate— (a) notes that: (i) senators are required to conduct themselves consistently with the Behaviour Code for Australian Parliamentarians, which the Senate has endorsed, (ii) senators have responsibilities to contribute to safe and respectful parliamentary workplaces, including for Commonwealth employees, and (iii) the recording, broadcasting and publication of Senate and committee proceedings are subject to the standing orders, resolutions and other orders of the Senate, including the Broadcasting Guidelines for Parliamentary Proceedings; (b) resolves that: (i) the powers of the Senate and its committees to conduct inquiries, ask questions, obtain information and require the production of documents are essential to the Senate's constitutional functions of scrutiny and accountability, (ii) (ii) it is for the Senate or the relevant committee, acting in accordance with the standing orders, resolutions and other orders of the Senate, and not an individual witness, department, agency or executive government body, to determine the conduct of committee proceedings and whether an objection to questioning, publication or broadcasting should be upheld, and (iii) public servants appearing before parliamentary committees have a duty to cooperate with parliamentary inquiries and provide information, consistent with their obligations under the Public Service Act 1999 to uphold the Australian Public Service (APS) values, including the requirement that the APS be open and accountable, subject to established procedures for witness protection and public interest immunity claims; (c) rejects any attempt by an Executive Government department, agency, officer or other body to impose a consent requirement or otherwise assert a veto over the questioning of witnesses or the recording, broadcasting, fair and accurate reporting or republication of public committee proceedings; (d) affirms that legitimate concerns about the safety, welfare or treatment of witnesses, including concerns arising under applicable standards of conduct, should be addressed through the established powers and procedures of the Senate and its committees; (e) calls on the Government to ensure that Commonwealth departments and agencies, the Secretaries Board and Australian Public Service officers are reminded of their duty to cooperate with parliamentary committee inquiries and that executive policies, guidance or instructions must not diminish, qualify or supersede the powers, privileges, procedures or orders of the Senate and its committees; and (f) requires: (i) the chairs of Senate committees to draw this resolution to the attention of any witness who seeks to impose a condition on the questioning, recording, broadcasting, publication or republication of their evidence inconsistent with this resolution, and (ii) the Clerk to draw this resolution to the attention of the Secretary of the Department of the Prime Minister and Cabinet, the Australian Public Service Commissioner and the heads of departments and agencies appearing before Senate committees.

Question agreed to.