Fifth Annual Report of the Scrutiny of Acts and Regulations Committee, 1998

INTRODUCTION BY THE CHAIRMAN
MR PETER RYAN MLA

Once again it is my privilege to introduce the Fifth Annual Report of the Scrutiny of Acts and Regulations Committee concerning the scrutiny of primary legislation for the period from March 1997 to March 1998.

The Committee has had a successful year. It has conscientiously scrutinised 110 bills and issued 12 Alert Digests. The Committee is often forced to explore the unclear waters in which “rights” exist. I am pleased to say that the strong bi-partisan spirit with which the Committee operates, serves it well. That contribution is crucial to the success of a Committee such as this one. I am reminded of a quotation which gives a sense of the Committee’s focus:—

      “Rights do not necessarily give the answer, they provide a basis for identifying the relevant values or interest, and enable a rational discussion to take place.”1

If the Committee assists with the effective ventilation of issues in the Parliament, then it can be said to have served the Victorian people properly.

On a different note, the Committee has continued to travel smoothly in its scrutiny of subordinate legislation and review of unclear and redundant legislation. The Committee has also been delighted to receive a new Reference in recent months to “Review the Right to Silence”. The Right to Silence is a fundamental cornerstone of the criminal law and the Committee will ensure that a review of it is conducted with great care, thought and diligence.

In July 1997 some members and staff participated in the Sixth Australasian & Pacific Conference on Delegated Legislation and Third Australasian & Pacific Conference on the Scrutiny of Bills in Adelaide. I delivered a Paper which explored the practical changes which have occurred throughout the life of the Committee and the way in which its work is viewed by Ministers and those advising them. A review of the Conference may be found in Chapter 1 of the Report. Generally, however, it was felt that there were great benefits from both the formal and informal discussions which took place over the course of the three days.

I wish to express my personal thanks to all members of the Committee for their work during the year. Their enthusiasm when requested to attend meetings is unfailing. Their dedication to “getting the job done” at the meetings is most appreciated. In particular, I wish to acknowledge the able support of Mr Murray Thompson MLA, Deputy Chair of the Committee.

Finally, I extend my thanks to Ms Helen Mason, the Executive Officer who carefully examines each Bill introduced into the Parliament and provides legal advice to the Committee; Mr Simon Dinsbergs, Assistant Executive Officer and Mr Richard Kings, Office Manager who work diligently to ensure that all reports are tabled promptly. I would also like to thank Ms Tanya Coleman and Ms Nadia Krivetz, legal officers involved with subordinate legislation and the review of redundant and unclear legislation. It is also appropriate to acknowledge the assistance of our previous staff member, Ms Rhonda MacMahon.

Mr Peter Ryan MLA
Chairman
Scrutiny of Acts and Regulations Committee

    1. See article, “Paedophiles in black and white….or not?”, Peter Bailey, Australian Lawyer, Volume 32, No.4, May, 1997, p.3.

     

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