Joint Committee on Scrutiny of Acts and Regulations

Full description

The Scrutiny of Acts and Regulations Committee is an all-party Joint House Committee that examines all bills and subordinate legislation (regulations and legislative instruments) presented to the Parliament. The Scrutiny of Acts and Regulations Committee was first established under the Parliamentary Committees Act 1968 according to the amendments specified in the Parliamentary Committees (Amendment) Act 1992. The committee effectively replaced the Legal and Constitutional Committee (VA 3141) who had first recommended the scrutiny of legal instruments be extended to bills in 1984. The committee’s functions have since been expanded in the Parliamentary Committees Act 2003 as well as in subsequent amendments.

The Committee follows the best-practice principles of non-partisan legislative scrutiny, originally commenced in the Australian Senate in 1981. The Committee does not comment on legislative policy. Non-policy scrutiny alerts the Parliament to the use of undesirable legislative practices and particular matters within its terms of reference. 

The committee’s major areas of responsibility include the scrutiny of bills introduced into Parliament, the scrutiny of regulations, and the review of redundant, unclear, or ambiguous legislation. The committee also receives references from Parliament or by Governor-in-Council Order. These references typically require the committee to review an Act or issue concerning an Act and to report to Parliament. The Charter of Human Rights and Responsibilities Act 2006 states that the Committee must consider any Bill introduced into Parliament and must report to the Parliament whether the Bill is incompatible with human rights.

The committee must also ensure legislation does not:

• have an adverse effect on personal privacy according to the Privacy and Data Protection Act 2014 
• have an adverse effect on the privacy of health information according to the Health Records Act 2001
• inappropriately delegates legislative power
• insufficiently subjects the exercise of legislative power to parliamentary scrutiny.

In addition, the committee must consider Bill in relation to the Constitution Act 1975, and also has several functions under the Subordinate Legislation Act 1994, Environment Protection Act 2017, Co-operative Schemes (Administrative Actions) Act 2001 and Charter of Human Rights and Responsibilities.
 
Subcommittees

All parliamentary committees have the power to appoint subcommittees. The Scrutiny of Acts and Regulations Committee often appoints a Regulation Review Subcommittee that determines:

• whether the Regulation is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;
• whether the Regulation is inconsistent with principles of justice and fairness;
• whether the Regulation unduly trespasses on rights and liberties of the person previously established by law; and
• whether the Regulation appears to be inconsistent with the general objectives of the authorising Act

It also scrutinises regulations to ensure procedural compliance with Subordinate Legislation Act 1994 and reports to Parliament if the regulations fail to comply. It may recommend disallowance of the Regulations.

The committee has also in the past appointed a Redundant Legislation subcommittee to review redundant, unclear, or ambiguous legislation referred to the committee by a Governor-in-council order. 

Joint Investigatory Committees

Joint Investigatory Committees are groups of members appointed by the Legislative Council and Legislative Assembly to conduct investigations and make recommendations about topics of particular interest to Parliament. Some committees have ongoing functions to scrutinise legislation and finances, and others conduct inquiries into specific subject matters. A key feature of committee work is the taking of evidence from the public and expert witnesses as part of the inquiry process. Committee investigations result in reports to Parliament.

Joint committees have between five and ten members of whom at least one is a member of the Council, and one is a member of the Assembly. Joint committees can inquire into matters referred to it by a resolution of either House or by order of the Governor-In-Council. They may also inquire into, consider, or report to Parliament on any annual report or document relevant to its functions laid before either House. Recommendations made joint investigatory committees are not automatically accepted by Parliament. The responsible Minister must however, table a report stating action to be taken regarding the recommendations within six months of the tabling of the Committee’s report.