Scrutiny of Acts and Regulations Committee
Sixth Annual Report,
May 1999
Ordered to be printed
By Authority. Government Printer for the State of Victoria.
No. 47 Session 1999
It is my pleasure to introduce the Sixth Annual Report of the Scrutiny of Acts and Regulations Committee concerning the scrutiny of primary legislation introduced into the Victorian Parliament during 1998.
One aspect of the Committees work which is often not fully appreciated is its educative roll in legislative best practice. For example the Committee routinely reports on provisions that apply retrospectively or bills that provide for commencement or expiry by proclamation without providing as a contingency, a definitive commencement or expiry date. It is the very process of independent scrutiny and the prospect of adverse comment that ensures that such practices are eliminated or where there application is unavoidable or desirable, the necessity of their use is adequately explained by the Executive to the Parliament.
The Committee has had a very busy and successful year with the scrutiny of some 105 bills reported in eight (8) Alert Digests throughout the year. If the Committee assists with the effective ventilation of legislative practice issues in the Parliament, then it can be said to have served the Victorian people properly.
On a different note, the Committee has continued its work in the scrutiny of subordinate legislation and review of unclear and redundant legislation.
In November 1997 the Committee received a new Reference on the "Right to Silence" a fundamental cornerstone of the criminal law. In approaching the Reference the Committee produced an issues paper and called for written submissions from the public following which the Committee held two days of public hearings at Parliament House and took evidence from some 26 individuals and organisations. In June 1998 a sub-committee of four members travelled to the United Kingdom and the Republic of Ireland to gain first hand knowledge of the reception and operation in those two common law jurisdictions of legislation which directly related to the exercise of the right to silence and the ability of the exercise of that right to be made the subject of adverse comment at trial.
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, Chair of the Subordinate Legislation Sub-committee and the Honourable Maree Luckins MLC, the Chair of the Redundant Legislation Sub-committee.
Finally, I extend my thanks to Andrew Homer, the Executive Officer who 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 the scrutiny of subordinate legislation and the review of redundant and unclear legislation respectively.
Mr Peter Ryan MLA
Chairman
Scrutiny of Acts and Regulations Committee
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