Scrutiny of Acts and Regulations Committee

Inquiry Process

Home - Making a Submission - Inquiries

When SARC conducts an Inquiry the usual steps of the Inquiry process are as follows:

Terms of Reference

SARC receives Terms of Reference either by resolution of a House of Parliament or by Order of the Governor-in-Council.

Advertising

SARC advertises its Terms of Reference to obtain evidence and submissions from interested parties.

Submissions

Submissions are received by the Committee. The Committee may authorise the early release of non-confidential submissions.

Research

Legal Advisers and Research Officers employed by SARC conduct independent research and analyse evidence contained in submissions and presented at public hearings.

Public Hearings

The Committee may hold public hearings, at which selected individuals and organisations will be required to give oral evidence. Those selected to give evidence are informed in writing of the date, time and place of the hearings. Members of the public are only permitted to attend as observers. If there are special circumstances the Committee may take evidence in private. Evidence taken in private will not be disclosed or published by the Committee. Hansard provides a typed transcript of evidence taken at public hearings. All witnesses are provided with two copies of their evidence as soon as practicable after it becomes available, one for correction and one for their information.

The Committee may withhold the release of any evidence or submissions until its Report has been tabled.

Draft Reports

SARC members carefully consider all the arguments and evidence collected. SARC members discuss their findings and recommendations and a draft Report is prepared. Once a full draft has been prepared it is submitted to the Chair. Once the Chair is satisfied it is submitted to Subcommittee members for consideration. Subcommittee members are given plenty of time to carefully examine the draft Report. The Subcommittee meets and considers groups of paragraphs. Amendments may be proposed by any members of the Subcommittee and do not require a seconder. Once satisfied with a group of paragraphs the Subcommittee members pass a resolution of acceptance. Finally the resolution is put "That the draft Report (as amended) be the Report of the Subcommittee". Once the Subcommittee has adopted the Report, the Report must then be referred to the Full Committee and a similar procedure is followed so that the Report becomes the Report of the Committee.

Minority Reports

Any members of the Subcommittee or Committee who have a different view from that expressed in the adopted Report may present a Minority Report. A Minority Report must be included with the Committee’s Report. The member or members with the minority view are responsible for preparing the Minority Report and must present it to the Executive Officer in accordance with the Committee’s Inquiry timetable.

Tabling of Reports

SARC tables a Report with its findings and recommendations, together with any Minutes of Evidence in both Houses of Parliament.

Government Response

The Minister who initiated the Inquiry or who has portfolio responsibility for the matters addressed by the Inquiry is responsible for replying to SARC's recommendations. The Minister has six months from the date of the tabling of the Report to respond. The Minister may accept, reject, modify or adopt SARC's recommendations.

It must be emphasised that SARC does not have legislative or regulatory powers. SARC makes recommendations. It is the Minister's responsibility to address SARC's recommendations or findings.