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Parliamentary Committees Bill
Victorian Legislation and Parliamentary Documents
As Sent Print
EXPLANATORY MEMORANDUM
General
In March 2000, the Scrutiny of Acts and Regulations Committee (SARC)
received a reference from the Legislative Council to inquire into the
Parliamentary Committees Act 1968 and report to Parliament on
recommendations for a clearer and improved Act. The report, entitled
"Improving Victoria's Parliamentary Committee System", was tabled in
Parliament in June 2002.
The report made around 35 recommendations relating to a range of issues
in the 1968 Act. A key recommendation was recommendation 1(a) which
suggested the 1968 Act be replaced with a new Act with a more logical
structure and the use of plain English. The report also drew attention to
provisions of the Act which are unclear and, in places, convoluted.
The report also contained a model draft Bill which encompassed many of the
recommendations made.
The Parliamentary Committees Act 1968 (1968 Act) requires the
responsible Minister to table a response to the report if the report
recommends actions. The Government response to the report was tabled in
Parliament in May 2003.
The Government supported the majority of the recommendations, including
introducing a new Act drafted in plain English. A number of model draft Bill
provisions are reproduced in the new Parliamentary Committees Bill 2003.
The Parliamentary Committees Bill 2003 has a number of key features.
The Bill--
· repeals and replaces the Parliamentary Committees Act
1968;
· improves the operation of the Parliamentary Committee system
by adopting a new Bill which is more user friendly and is
drafted in plain English;
· does not replicate the 1968 Act provisions relating to Private
Bills;
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551119 BILL LA AS SENT 28/11/2003
· preserves the number, membership and procedures of all
existing Parliamentary Committees under the 1968 Act;
Victorian Legislation and Parliamentary Documents
· makes a number of changes designed to clarify the powers of
Committees;
· allows for reports and responses to reports to be provided when
Parliament is not sitting;
· makes necessary transitional and consequential amendments.
Clause Notes
PART 1--PRELIMINARY
Clause 1 states the purposes of the Bill.
Clause 2 is the commencement provision. The Bill will commence
operation on the day after the day of Royal Assent.
Clause 3 defines certain words or expressions used in the Bill.
These definitions are based on section 3 of the 1968 Act.
Some definitions in the 1968 Act are not replicated as they are
already covered in the Constitution Act 1975 or the
Interpretation of Legislation Act 1984. The term "Joint
Investigatory Committee" includes Joint House Committees and
Specific Purpose Committees.
Clause 4 states that the procedures and practices of the Council and the
Assembly apply to the Committees under the Act. This clause is
similar to the existing section 3(2) of the 1968 Act and the model
draft Bill provision. The clause also states that the Bill does not
limit Parliament's inherent power to establish committees and to
confer functions on them.
PART 2--ESTABLISHMENT, TERMS AND FUNCTIONS OF
JOINT INVESTIGATORY COMMITTEES
Division 1--Joint House Committees
Clause 5 establishes the Committees currently in existence under the 1968
Act. These Committees are established under section 4 and
4A(1) of the 1968 Act.
Clause 6 provides for the term of Joint House Committees to be the
period until dissolution or determination of the Assembly.
This provision is based on section 4G(1) of the existing 1968
Act.
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Clause 7 outlines the functions of the Drugs and Crime Prevention
Committee. These functions are currently set out in section 4EF
of the 1968 Act.
Victorian Legislation and Parliamentary Documents
Clause 8 outlines the functions of the Economic Development Committee.
These functions are currently set out in section 4EC of the 1968
Act. The functions have been amended such that the Committee
may now inquire into the use, manufacture, distribution or supply
of all drugs, not merely illicit drugs.
Clause 9 outlines the functions of the Education and Training Committee.
These functions are currently set out in section 4EDC of the 1968
Act.
Clause 10 outlines the functions of the Environment and Natural Resources
Committee. These functions are currently set out in section 4EA
of the 1968 Act.
Clause 11 outlines the functions of the Family and Community
Development Committee. These functions are currently set out
in section 4ED of the 1968 Act.
Clause 12 outlines the functions of the Law Reform Committee.
These functions are currently set out in section 4E of the 1968
Act.
Clause 13 outlines the functions of the Outer Urban/Interface Services
Development Committee. These functions are currently set out
in section 4EDB of the 1968 Act.
Clause 14 outlines the functions of the Public Accounts and Estimates
Committee. These functions are currently set out in section 4EB
of the 1968 Act.
Clause 15 outlines the functions of the Road Safety Committee.
These functions are currently set out in section 4EE of the 1968
Act.
Clause 16 outlines the functions of the Rural and Regional Services
Committee. These functions are currently set out in section
4EDA of the 1968 Act.
Clause 17 outlines the functions of the Scrutiny of Acts and Regulations
Committee. These functions are currently set out in section 4D
of the 1968 Act. Clause 7 gives this Committee the additional
power to scrutinise any Act that was not previously considered
by the Committee within 30 days immediately after the first
appointment of members of the current Committee.
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Division 2--Specific Purpose Committees
Clause 18 provides for the Parliament to appoint Specific Purpose
Victorian Legislation and Parliamentary Documents
Committees. This is currently provided for in section 4A(2) of
the 1968 Act. It is a power inherent to Parliament, irrespective of
the provision, to appoint committees.
Clause 19 states the term of Specific Purpose Committees. Such a
Committee will either expire upon dissolution of the Assembly or
on a date specified in a resolution of Council and the Assembly.
Clause 20 states the functions of Specific Purpose Committees established
by Parliament. These functions are currently set out in section
4A(3) of the 1968 Act.
PART 3--CONSTITUTION AND PROCEDURE OF JOINT
INVESTIGATORY COMMITTEES
Division 1--Constitution
Clause 21 specifies the membership requirements for Joint Investigatory
Committees, including grounds for cessation of membership.
Membership requirements are currently found in section 4B(1)
and (2) and 49(1) of the 1968 Act. Membership of a Committee
is tied to being a member of the Parliament.
Clause 22 provides for Committees to elect chairpersons and deputy
chairpersons, and to allow for deputy chairpersons to act as
chairpersons in the event of the chairperson's absence.
The current arrangements are found in section 4B(4) and 50
of the 1968 Act.
Division 2--Procedure
Clause 23 provides that a quorum for a Committee is a majority of the
members appointed, but cannot be exclusively members from a
single House. This provision condenses and simplifies the
existing quorum provision in section 4B(3) of the 1968 Act.
Clause 24 describes voting procedures, allows for majority decision making
and, in the event of equal votes, gives the chairperson a casting
and deliberative vote. The current provision relating to casting
votes is found in section 4B(5) of the 1968 Act.
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Clause 25 deals with when and where a Joint Investigatory Committee may
sit. Such a Committee may sit at any time in any place.
However, if Parliament is actually sitting, the Committee must
Victorian Legislation and Parliamentary Documents
obtain leave to sit at all and may not sit outside the Parliamentary
precincts. These precincts are defined in the Parliamentary
Precincts Act 2001. This provision extends the arrangements
under sections 4G(2), (3) and (4) of the 1968 Act.
Clause 26 deals with the presence of members of Parliament and the public
at Committee meetings. The provision allows members of
Parliament and the public to be invited to a meeting by a
Committee, but precludes them from voting at a meeting.
Section 4H of the 1968 Act currently allows members of
Parliament to attend a Committee meeting on the invitation of a
Committee.
Clause 27 provides that a Committee may hold a public hearing on any
proposal it is inquiring into or considering, but may refuse to hear
evidence publicly if the evidence is irrelevant or where it has
other information which makes that evidence unnecessary.
Unless the Council and the Assembly otherwise resolve, a legal
practitioner may not present a person or body at a public hearing.
Despite anything in the provision, a Committee may deliberate in
private. This is currently the position under sections 4I(1) and
(2) of the 1968 Act.
Clause 28 deals with the way Committees take evidence. The clause allows
a Committee to send for persons, documents and other things.
Section 4J(1) in the 1968 Act may limit the ability of a
Committee to access electronic records. The use of the term
"document" in the new Bill broadens the scope of access as this
term is defined widely in section 38 of the Interpretation of
Legislation Act 1984. A Committee must take evidence in
public unless it resolves to take evidence in private as a result of
special circumstances. The clause also allows the Committee to
take evidence on oath or affirmation.
Sections 4J(2) and (3) in the 1968 Act allow evidence to be taken
in private on the same basis as the new clause. Section 4J(4) of
the 1968 Act allows Committees to take evidence on oath or
affirmation.
The clause allows a Committee to empower a specified member
or members of the Committee to send for persons, documents and
things and to take evidence in relation to any Committee inquiry
providing the Committee unanimously agrees to authorise the
member or members.
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The clause also provides that a member, who is authorised to take
evidence, has all the privileges and immunities of the Committee.
Victorian Legislation and Parliamentary Documents
These parts of the clause will provide for the more efficient
conduct of inquiries by giving a Committee more discretion
over the way in which it carries out its inquiry activities.
Section 4L(6) in the 1968 Act requires a full sub-committee to
be formed before an individual member can be empowered to
take evidence.
Any witness called by a Committee is entitled to prescribed
expenses, and any person may make written submissions to a
Committee. Committees must keep records of all evidence given
before them, and of any determinations made. These parts of the
clause continue the current position under sections 4J(5), (6) and
(7) of the 1968 Act.
Clause 29 ensures that evidence taken by a Committee whose term expires
before it reports to Parliament can be considered by another
Committee with the same name or functions as the one that
expired. This provision is designed to prevent new Committees
formed after an election from having to retake evidence for
similar inquiries, thereby increasing the efficiency of Committee
activities. Section 4S of the 1968 Act is unclear in its operation.
Clause 30 allows Committees to engage persons to investigate particular
issues being inquired into or considered by the Committee, with
the authorisation of a Presiding Officer and to make use of the
services of an employee under the Public Sector Management
and Employment Act 1998 with the consent of the Minister for
Public Employment. This continues the arrangements under
section 4K of the 1968 Act.
Division 3--Sub-committees
Clause 31 allows for the creation of sub-committees with a minimum of
4 members. The majority of appointed members forms a sub-
committee's quorum. Majority voting is the voting procedure, a
quorum is necessary to transact business and the chairperson has
a deliberative and casting vote. This provision continues the
arrangements under sections 4L(1) to (3) of the 1968 Act.
Clause 32 deals with evidence and reporting for sub-committees.
Sub-committees can empower specified members to take
evidence on the same basis as in clause 28, and sub-committees
enjoy the same privileges and immunities as Committees.
Sub-committees must report to Committees who can adopt, reject
or adopt their report with variations. Sections 4L(4), (5) and (6)
of the 1968 Act deal with these issues.
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PART 4--REFERRALS, REPORTS AND RESPONSES
Clause 33 outlines the obligations of Committees that receive referrals.
Victorian Legislation and Parliamentary Documents
A Committee must inquire into, consider and report on any
referral given to it by a House or by Order of the Governor in
Council. A House referral may specify a time by which a
Committee must report. A Committee may also inquire into,
consider and report into any annual report or other document
tabled in either House in accordance with an Act. A Committee
must give priority to a referral from a House over a referral under
an Order and must comply with any time limitation in House
referrals.
This provision continues the existing situation under section 4F
of the 1968 Act.
Clause 34 describes the reports which a Committee may make to Parliament
on any proposal being considered. Committees may make
interim reports and publish documents in relation to the proposal.
Committees must include any minority report on behalf of a
member with its report to Parliament if requested by the member.
Committees can also include in a report to Parliament a draft bill
to give effect to recommendations that cannot be given effect to
otherwise than by Act. In preparing a draft bill, a Committee
may use the services of a Departmental employee with the
consent of the relevant Minister. This clause continues the
existing arrangements under section 4N of the 1968 Act.
Clause 35 states the time frame in which reports must be tabled in
Parliament. The clause also allows for reports to be given to the
clerks of the Houses when Parliament is not sitting. This clause
expands upon section 4O(1) of the 1968 Act.
Clause 36 states the time frame in which Government responses to reports
must be given to the Parliament. The clause also allows for
responses to be given to the clerks of the Houses when
Parliament is not sitting. This clause expands upon section 4O(2)
of the 1968 Act.
Clause 37 outlines the circumstances under which reports of investigation
under clause 30, evidence heard by Committees and
determinations of Committees are to be made public. Unless
a Committee decides that special circumstances exist, it must
make available to a member of the public who so requests, any
evidence, report produced under clause 30 or determination made
by the Committee. The Committee must not, however, make
available any document which contains evidence given to it on
the basis that it remain private. The Committee may charge a
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member of the public a reasonable fee for making a document
available, not greater than the cost of making it available.
This clause continues the situation under section 4R of the 1968
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Act.
PART 5--THE HOUSE COMMITTEE AND THE LIBRARY
COMMITTEE
Division 1--House Committee
Clause 38 establishes the House Committee, as is currently the case under
section 45(1) of the 1968 Act.
Clause 39 provides for the expiry of the House Committee upon dissolution
or other lawful determination of the Assembly. The Committee's
tenure is currently described in section 48 of the 1968 Act.
Clause 40 set out the functions of the House Committee. These are
currently found in section 46(1), (1A) and (1B) of the 1968 Act.
Clause 41 describes the membership of the House Committee.
The Committee is to comprise the Presiding Officers, 5 Council
members and 6 Assembly members. Membership is determined
after the commencement of each Parliament and cessation of
membership is tied to membership of the relevant House.
These are the existing arrangements under sections 45(2) and (3)
and 49 of the 1968 Act.
Clause 42 outlines the procedures of the House Committee including
quorum, election of chairperson and deputy chairperson, majority
voting rule and a restriction that a quorum cannot consist of
members exclusively from a single House. Sections 45(4) and
(5) of the 1968 Act deal with these issues.
Any other issues relevant to the House Committee are dealt with
by the Standing Orders.
Division 2--Library Committee
Clause 43 provides for the expiry of the Library Committee upon
dissolution or other lawful determination of the Assembly.
The Committee's tenure is described in section 36 of the 1968
Act, but is now consistent with the tenure of the House
Committee in clause 39.
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Clause 44 outlines the procedures of the Library Committee including
election of chairperson and deputy chairperson, and cessation of
membership is tied to membership of the relevant House.
Victorian Legislation and Parliamentary Documents
Any other issues relevant to the Library Committee are dealt with
by the Standing Orders.
PART 6--GENERAL
Clause 45 allows for the establishment of a committee for discussions
concerning the effective functioning of Joint Investigatory
Committees, comprising the Presiding Officers and the
chairperson of each Committee. This provision replicates
section 4Q of the 1968 Act.
Clause 46 provides that expenditure incurred by a Joint Investigatory
Committee and authorised by a Presiding Officer is to be paid
from the consolidated fund, as is the case under section 4T of the
1968 Act.
Clause 47 describes the circumstances under which members of certain
committees may claim certain entitlements, such as expense
allowances or travel allowances. This clause is based on
section 51A of the 1968 Act.
Clause 48 allows for the certification of payments to committee members.
Committee chairpersons must certify any payment to which a
member might be entitled which is then payable from
consolidated fund. Any such payment is in addition to the
member's salary or Parliamentary allowances. This replicates
section 52 of the 1968 Act.
Clause 49 states that the receipt of payment under the Act by a Committee
member does not cause that member to vacate his or her seat
under the Constitution Act 1975, nor be subject to a penalty
under that Act. This clause replicates section 53 of the 1968 Act.
Clause 50 gives immunity from judicial review to Committee proceedings,
recommendations, reports or any documents published.
This provision replicates section 4U of the 1968 Act.
Clause 51 states that it is the intention of clause 50 to vary section 85 of the
Constitution Act 1975. Where the jurisdiction of the Supreme
Court is limited, the Constitution Act 1975 requires that the
relevant Minister make a statement in Parliament regarding the
limitation of jurisdiction. That statement is contained in the
second reading speech to the Bill.
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The 1968 Act contains an identical provision in section 4U, but at
the time that provision was made, section 85 statements were not
required under the Constitution Act 1975.
Victorian Legislation and Parliamentary Documents
Clause 52 is the regulation making power and mirrors section 54 of the
1968 Act.
PART 7--CONSEQUENTIALS
Clauses 53 to 64 make a range of consequential amendments to various Acts.
In particular, the Parliamentary Committees Act 1968 is
repealed and references to that Act are replaced.
PART 8--TRANSITIONAL
Clause 65 provides for the continuing membership and operation of existing
Committees, despite the repeal of the 1968 Act.
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