Information Sheet No.6 - Committees - Legislative Council

Parliamentary Committees consist of small groups of Members of Parliament who are appointed to conduct investigations into specific areas considered worthy of detailed investigation. Committees are assigned tasks which are more productively addressed away from the Chamber, such as hearing witnesses, taking evidence, undertaking onsite inspections and composing detailed reports. In delegating work to committees the Houses set out the terms of reference, giving each committee clear guidelines as to the scope of its inquiry and deadlines for fulfilling tasks. Committees are seen as extensions of the House; therefore, the privileges attached to the Parliament continue to apply. This means that Members and others, such as witnesses, who are involved in a committee inquiry, are protected from being sued or prosecuted. Any written submissions received during the course of an inquiry are also protected by parliamentary privilege.
Given the many demands on Parliament’s time, the existence of committees allows for more thorough investigation of matters before the House. Committee work represents a significant part of Members’ workloads. The work of these committees strengthens the parliamentary process as they undertake important functions which cannot be performed in the debating Chambers. Government accountability is also enhanced, as government and public service activities are subject to committee examination.
The committee system is used in many parliamentary democracies as a means of achieving greater public input into issues being considered by the Parliament. Inquiries usually encompass calls for submissions; thus, opportunities are created for the wider community, including experts, individuals, business and government organisations, to express their views.
The Parliament of Victoria has an extensive system of committees consisting of:

What types of Committees are there?

Joint Investigatory Committees

In the 56th Parliament of Victoria there are 12 Joint Investigatory Committees. These committees comprise Members of both the Legislative Assembly and the Legislative Council. Their roles, functions and terms of appointment are determined by the Parliamentary Committees Act 2003. Pursuant to this Act, the Joint Investigatory Committees are appointed at the commencement of each new Parliament. Through a resolution of either House of Parliament or an Order of the Governor in Council, each committee is given terms of reference which set out what the committee is to investigate and deadlines for reporting these investigations. A committee may also initiate its own investigations, although these are limited to inquiring into any annual report or other document relevant to its terms of reference.
These committees comprise Members from political parties represented in the Victorian Parliament and, in some cases, independent Members. Each Joint Investigatory Committee consists of not more than ten Members, with a minimum of two Members coming from each House. The quorum of each committee varies according to the number of its members; however, it must not consist exclusively of Members of the Legislative Council or the Assembly. Administrative responsibility for the committees is divided between the two Houses. The Legislative Council currently oversees six Joint Investigatory Committees.

Economic Development and Infrastructure Committee
This Committee inquires into matters relating to economic development, industrial affairs and infrastructure. The effect of structural changes in the Victorian economy, the economic impact of the Goods and Services Tax on small and medium sized businesses, and youth unemployment, are all examples of the issues this Committee has investigated.

Education and Training Committee
The purpose of the Committee is to inquire into, consider and report on matters related to education and/or training.

Environment and Natural Resources Committee
This Committee scrutinizes specific issues concerning the environment, usage of natural resources and the land.

Law Reform Committee
This Committee examines issues concerned with legal, constitutional or parliamentary reform (although not matters related to the Houses’ Standing Orders) and the administration of justice and law reform.

Outer Suburban/Interface Services and Development Committee
This Committee is required to inquire into, consider and report on matters associated with the provision of services to, the development of, and the expansion of the new urban regions. In particular, the Committee’s purpose is to examine and address emerging issues related to the expansion of metropolitan Melbourne into areas that have traditionally been regarded as regional Victoria.

Road Safety Committee
This Committee investigates matters related to road safety, such as vehicle roadworthiness and road infrastructure.

Select Committees

Select Committees are appointed from time to time, by resolution of the Legislative Council (rather than under the Parliamentary Committees Act 2003), to conduct detailed investigations into very specific issues. Thus, their terms of reference are usually narrower than those of a Joint Investigatory Committee and a Select Committee normally ceases to exist once its final report is tabled in Parliament.
The operation of Select Committees is governed by the Standing Orders of the Houses. The usual composition of a Select Committee is five to twelve Members.
Three Select Committees were appointed during the 54th Parliament, while none were appointed in the 55th Parliament. In contrast, within the first five months of the 56th Parliament (which commenced in December 2006) two Select Committees had been set up – on Gaming Licensing and Public Land Development. The membership of these Committees consists of seven Members, two of which are from each of the Government and Opposition, and one Member from each of the three non-Government parties. Both of the Chairpersons are Opposition Members.

Domestic Committees

Members of both Houses also serve on certain committees which are concerned with the maintenance and operation of Parliament. These are commonly known as ‘Domestic Committees’ and are generally re-appointed each Parliamentary Session. The Domestic Committees are:

Legislation Committee

Sessional Orders adopted in 2006, and subsequently incorporated into the House’s Standing Orders later the same year, saw the establishment and appointment of an additional House Committee, called the Legislation Committee. The aim of this Committee is to provide a mechanism for more detailed scrutiny of legislation than may be possible in the House. It is the Legislation Committee’s purpose to consider in detail a Bill or series of related Bills, and to report to the Council on its consideration of the Bill, including any recommendations for amendments.
Bills may be referred to the Legislation Committee at any time after the second reading and before the third reading stage. The Committee may meet at any time and must report back to the Council no later than the first sitting day that occurs two sitting weeks or four calendar weeks following the referral of the Bill(s), whichever is the shorter period.
The composition of the Committee is seven Members, not being Ministers, who are appointed by resolution of the Council. A Member of the Committee may be substituted by another Member to consider all or part of a specific Bill or related Bills and, by leave of the Committee, may consider one or more Bills at the same time. Members of the Council who are not Members of the Committee may participate in the public proceedings of the Committee, but cannot vote, move any motion other than as an amendment to the Bill, or be counted for the purpose of a quorum.

What do Committees do?

The Parliamentary Committees Act 2003 empowers committees to call for persons, papers and records and to take evidence on oath if a committee so requires. Thus, in conducting inquiries, committees can seek submissions, call for evidence, obtain the views of experts, conduct research, undertake inspections and hear the public’s views. Public participation is a fundamental characteristic in the operations of the committees.
Each committee’s terms of reference are advertised in the media before its inquiry commences and submissions from individuals and organisations are invited, promoting public participation in the process. It is usual for a wide cross-section of views to be sought and committees also invite people and organisations with relevant specialist knowledge to contribute. Discussion papers are sometimes published identifying key issues in order to assist those wishing to make a submission. Research into the area is conducted and the committee may also hold public hearings that allow them to seek additional information. Unless there are special circumstances, committees take evidence in public and hearings are frequently attended by the media, ensuring that the process is transparent. Upon completion of an inquiry, a report of findings and recommendations is tabled in Parliament. These reports are an important resource in the formation of government policy.

How are Committees formed?

Each political party selects its own Members for appointment to each committee. These Members are then formally appointed by the Houses. Independent Members are also appointed to committees from time to time. Committees therefore bring together Members of different political persuasions to work collectively in examining important matters in an impartial, apolitical manner.

Committee Staff

All Joint Investigatory Committees have an Executive Officer and other staff members who provide administrative, research, procedural and budgetary support to committee members. Consultants and researchers may also be appointed depending on the nature of the inquiries. The Assistant Clerk – Committees of the Legislative Council and the Assistant Clerk – Committees of the Legislative Assembly both act as Clerks of Committees. They oversee the operations of the committees administered by their Departments. Department staff provide administrative support to the Domestic Committees and any Select Committee established by the Houses. For example, the Assistant Clerk – Committees of the Legislative Council is the Secretary to the Legislative Council’s Standing Orders Committee and the Assistant Clerk – House and Usher of the Black Rod was appointed as Secretary to the Privileges Committee. A Secretary was appointed in the 56th Parliament to provide support to all Legislation and Select Committees appointed by the Legislative Council.

The History of Committees

For most of the nineteenth century, the use of a committee system in the Victorian Parliament was restricted to the creation of Select Committees, Royal Commissions and Boards of Inquiry. These bodies were appointed at the start of each session of Parliament to investigate or examine particular issues, both external or internal to parliamentary affairs, with subject matter ranging from the condition of Victoria’s penal establishments to Aborigines and land settlement.1 The establishment of the Public Accounts Committee in 1895 signalled the start of retaining certain committees past the life of each parliamentary session. In 1916, an ongoing Statute Law Revision Committee was formed, and a Subordinate Legislation Committee was established in the 1950s. House Standing Committees overseeing areas such as the parliamentary buildings and the library were, by this time, also in place.
In 1982, the in-coming Government established five new Joint Investigatory Committees to replace the existing committees. Committee activities expanded substantially in 1992 when nine Joint Investigatory Committees were established to replace the previous five. The structure of the committee system was again altered following the 1999 Victorian State election with negotiations between the new Government and Opposition resulting in a reduction to seven Joint Investigatory Committees and one Select Committee. Each was issued with new terms of reference. In the 56th Parliament the number of Committees has risen with the appointment of one new Joint Investigatory Committee, the Electoral Matters Committee and, by September 2007, the establishment of two Select Committees.

Why do we need Committees?

The work of committees contributes greatly to the functions of government; better administration and policy making results from the detailed investigations the committee system generates. Not only do committees enable Members of Parliament to be better informed on issues, thus improving their contribution to policy and legislative review, but committees also provide a forum for input from both individuals and community interest groups. Committees also generate an exchange of views across party lines. Furthermore, committees can be an important source of information themselves through facilitating public awareness of Parliament’s activities.

What are Committees?