Scrutiny of Acts and Regulations Committee
Improving Victoria's Parliamentary Committee System
Appendix A: Proposed draft Bill
for a new Parliamentary Committees Act
Introductory comments on the proposed draft Bill
The Committee has included in its report
a proposed draft Bill for a new Parliamentary Committees Act. The Committee
is keen to offer for consideration a Bill that is drafted in plain English
and has, so the Committee believes, a user-friendly structure. In essence,
the draft Bill maintains the current Parliamentary committee system.
The Committee has also made many far-reaching
recommendations (especially concerning the areas that Parliamentary committees
under the Act should cover), and it is of the view that these recommendations
can be inserted into the draft Bill if and when they are accepted by Parliament.
In any event, the Committee offers the draft Bill as the "minimalist"
way to achieve a "clearer and improved Parliamentary Committees Act"
which is a fundamental purpose of this inquiry.
The points below explain some of the differences
(apart from plain English and a more logical sequencing of provisions)
between the current Parliamentary Committees Act 1968 and the proposed
draft—
-
Clause 2 is the commencement provision. Under the current
Parliamentary Committees Act 1968, the Economic Development
Committee consists only of members of the Legislative Council. Section
10 of the Parliamentary Committees (Amendment) Act 1999 provides
that at the expiry or dissolution of the Assembly, the Economic Development
Committee will revert to being a joint House committee of the Assembly
and the Council. Clause 2(2) of the draft Bill provides that the provisions
relating to the Economic Development Committee reverting to a Joint
House Committee come into operation when the Assembly expires or dissolves.
-
Clause 3 contains definitions of terms used in the draft
Bill. Several definitions that are in the current Act are not required
in the Bill. Some old definitions (such "State" and "Parliament")
are defined in the Interpretation of Legislation Act 1994 and
so apply to all Victorian Acts.
-
Note the definition of "Joint Resolution Committee",
"Joint Statutory Committee" and "Parliamentary Committee"
in clause 3. A "Joint Resolution Committee" is a committee
that under the Parliamentary Committees Act 1968 is an un-named
Specific Purpose Committee referred to in section 4A(2) of that Act.
A "Joint Statutory Committee" is a committee that under
the Parliamentary Committees Act 1968 is a Joint House
Committee or one of the two named Specific Purpose Committees. The
Committee sees no reason to distinguish in the draft Bill between
the five Joint House Committees and the two named Specific Purpose
Committees described in the Parliamentary Committees Act 1968.
A "Parliamentary Committee" refers to a Joint Resolution
Committee, a Joint Statutory Committee or the Economic Development
Committee.
-
Note that Part 2 of the Parliamentary Committees
Act 1968 which deals with Private Bills has not been replicated
in any form in the draft Bill. This is because the Committee received
broad support during the course of the inquiry to omit such provisions
from a draft Bill dealing with Parliamentary Committees.
-
Clause 9 sets out the functions of the Public Accounts
and Estimates Committee. They accord with the submission made by that
Committee in relation to making the Committee's functions compatible
with the enhanced disclosure of the financial and budget information
as a result of the Financial Management (Financial Responsibility)
Act 2000.
-
Clause 26(1) provides that a Parliamentary Committee
may invite a member of the public to be present at a meeting of the
Committee that is not a public meeting. The status of such visitors
is unclear in the Parliamentary Committees Act 1968.
-
Clause 28(1) provides that a Parliamentary Committee
has power to send for "persons, documents and other things".
Section 4J(1) of the Parliamentary Committees Act 1968 gives
committees the power to send for "persons, papers and records".
The change reflects the Committee's recommendation to adopt a modern
approach to the type of information that committees should be able
to demand.
-
Clause 28(4) provides that a Parliamentary Committee
may enable a single member to take evidence of behalf of the Committee.
This option was already available in respect of members of sub-committees.
-
Clause 29 is an attempt to clarify section 4S of the
Parliamentary Committees Act 1968 and to incorporate
the Committee’s recommendations as to the handling of evidence
given to a Parliamentary Committee in confidence.
-
Clauses 55, 56 and 57 contain amendments to various
Acts in consequence of repealing the Parliamentary Committees Act
1968.
PROPOSED PARLIAMENTARY COMMITTEES BILL
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a) to provide for the establishment of Parliamentary
Committees; and
(b) to set out the functions of certain Parliamentary
Committees; and
(c) to set out the powers and procedures of Parliamentary
Committees; and
(d) to repeal the Parliamentary Committees Act
1968.
2.Commencement
(1) This Act (except sections 60 and 61) comes into
operation on the day after the day on which it receives the Royal
Assent.
(2) Sections 60 and 61 come into operation on the day
on which the Assembly which is in existence at the date of the passing
of this Act—
(a) expires by effluxtion of time; or
(b) is dissolved—
whichever occurs first.
3. Definitions
In this Act—
"Assembly" means the Legislative
Assembly of Victoria;
"Council" means the Legislative
Council of Victoria;
"Economic Development Committee"
means the committee of the Council established under section 17;
"House Committee" means
the joint committee of the Council and the Assembly established
under section 38;
"Joint Resolution Committee"
means a joint committee of the Council and the Assembly established
by resolution and referred to in section 14;
"Joint Statutory Committee"
means a joint committee of the Council and the Assembly established
under section 5.
"Library Committee" means
the Library Committee appointed under the Joint Standing Orders
of the Parliament;
"Parliamentary Committee"
means—
(a) a Joint Statutory Committee;
(b) a Joint Resolution Committee;
(c) the Economic Development Committee;
"President" means the
President of the Council;
"Speaker" means the Speaker
of the Assembly.
4. Application of Standing Orders and practices
of the Council and of the Assembly
(1) The Standing Orders and the practices of the Council
and of the Assembly apply and extend to the committees referred to
in this Act to the extent that they are not inconsistent with the
provisions of this Act.
(2) The power of the Council and the Assembly to establish
committees and to confer functions and powers on committees is not
limited by this Act.
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PART 2—ESTABLISHMENT, TERMS
AND FUNCTIONS OF PARLIAMENTARY COMMITTEES
Division 1—Joint Statutory
Committees
5. Establishment of Joint Statutory Committees
The following Joint Statutory Committees are established—
(a) the Scrutiny of Acts and Regulations Committee;
(b) the Environment and Natural Resources Committee;
(c) the Public Accounts and Estimates Committee;
(d) the Family and Community Development Committee;
(e) the Road Safety Committee;
(f) the Drugs and Crime Prevention Committee;
(g) the Law Reform Committee.
6. Term of Joint Statutory Committees
A Joint Statutory Committee established under section
5 holds office and may exercise all the powers conferred on it by
any Act or by Parliament for the Parliament during which its members
are appointed and until—
(a) the expiry of the Assembly by effluxion of time;
or
(b) the dissolution of the Assembly—
whichever occurs first.
7. Functions of the Scrutiny of Acts and Regulations Committee
The functions of the Scrutiny of Acts and Regulations
Committee are—
(a) to consider any Bill introduced into a House of
the Parliament and to report to the Parliament as to whether the
Bill directly or indirectly—
(i) trespasses unduly on rights or freedoms; or
(ii) makes rights, freedoms or obligations dependent
on insufficiently defined administrative powers; or
(iii) makes rights, freedoms or obligations dependent
on non-reviewable administrative decisions; or
(iv) unduly requires or authorises acts or practices
that may have an adverse effect on personal privacy within the
meaning of the Information Privacy Act 2000; or
(v) unduly requires or authorises acts or practices
that may have an adverse effect on privacy of health information
within the meaning of the Health Records Act 2001; or
(vi) inappropriately delegates legislative power;
or
(vii) insufficiently subjects the exercise of legislative
power to parliamentary scrutiny; and
(b) to consider any Bill introduced into a House of
the Parliament and to report to the Parliament—
(i) as to whether a Bill directly or indirectly
repeals, alters or varies section 85 of the Constitution Act
1975, or raises an issue as to the jurisdiction of the Supreme
Court; or
(ii) if a Bill repeals, alters or varies section
85 of the Constitution Act 1975, whether this is in all
the circumstances appropriate and desirable; or
(iii) if a Bill does not repeal, alter or vary section
85 of the Constitution Act 1975, but an issue is raised
as to the jurisdiction of the Supreme Court, as to the full implications
of that issue; and
(c) the functions conferred on the Committee by the
Subordinate Legislation Act 1994; and
(d) the functions conferred on the Committee by the
Environment Protection Act 1970; and
(e) the functions conferred on the Committee by the
Co-operative Schemes (Administrative Actions) Act 2001; and
(f) to review any Act in accordance with terms of
reference under which the Act is referred to the Committee.
8. Functions of the Environment and Natural Resources
Committee
The functions of the Environment and Natural Resources
Committee are, if required or permitted so to do under this Act,
to inquire into, consider and report to the Parliament on any proposal,
matter or thing concerned with—
(a) the environment;
(b) natural resources;
(c) planning the use, development or protection of
land.
9. Functions of the Public Accounts and Estimates Committee
The functions of the Public Accounts and Estimates
Committee are, if required or permitted so to do under this Act—
(a) to inquire into, consider and report to the Parliament
on—
(i) any proposal, matter or thing connected with
public administration or public sector finances;
(ii) budget estimates and other budget papers and
any documents presented to the Assembly and the Council that relate
to—
(A) the financial and performance activities of
government agencies; or
(B) any other activities involving public expenditure;
(iii) audit priorities for the purposes of the Audit
Act 1994;
(b) the functions conferred on the Committee under
the Audit Act 1994 and Part V of the Constitution Act
1995.
10. Functions of the Family and Community Development
Committee
The functions of the Family and Community Development
Committee, if required or permitted so to do under this Act, are
to inquire into, consider and report to the Parliament on—
(a) any proposal, matter or thing concerned with—
(i) the family or the welfare of the family;
(ii) community development or the welfare of the
community;
(b) the role of Government in community development
and welfare including the welfare of the family.
11. Functions of the Road Safety Committee
The functions of the Road Safety Committee are, if
required or permitted so to do under this Act, to inquire into,
consider and report to the Parliament on any proposal, matter or
thing concerned with—
(a) road trauma;
(b) safety on roads and related matters.
12. Functions of the Drugs and Crime Prevention Committee
The functions of the Drugs and Crime Prevention Committee
are, if required or permitted so to do under this Act, to inquire
into, consider and report to the Parliament on any proposal, matter
or thing concerned with—
(a) the illicit use of drugs (including the manufacture,
supply or distribution of drugs for such use);
(b) the level or causes of crime or violent behaviour.
13. Functions of the Law Reform Committee
(1) The functions of the Law Reform Committee are, if
required or permitted so to do under this Act, to inquire into, consider
and report to the Parliament on any proposal, matter or thing concerned
with—
(a) legal, constitutional or Parliamentary reform
or the administration of justice;
(b) law reform.
(2) It is not a function of the Law Reform Committee
to consider and report to the Parliament on any proposal, matter or
thing concerned with the Joint Standing Orders of the Parliament or
the Standing Orders of a House of the Parliament or the rules of practice
of a House of the Parliament.
Division 2—Joint Resolution
Committees
14. Establishment of Joint Resolution Committees
If a resolution of both the Council and the Assembly
so specifies, this Act applies to a joint committee that is established
by resolution of the Council and the Assembly.
15. Term of Joint Resolution Committees
A Joint Resolution Committee holds office and may
exercise all the powers conferred on it by any Act or by Parliament
from the day of the resolution by which it was established and until—
(a) the expiry of the Assembly by effluxion of time;
or
(b) the dissolution of the Assembly; or
(c) a day specified in a resolution of both the Council
and the Assembly abolishing the Committee—
whichever occurs first.
16. Functions of Joint Resolution Committees
The functions of a Joint Resolution Committee are
the functions specified by the Council and the Assembly in the resolution
by which the Committee was established or in any later resolution.
Division 3—Economic Development
Committee
17. Establishment of the Economic Development
Committee
The Economic Development Committee is established
as a committee of the Council.
18. Term of the Economic Development Committee
The Economic Development Committee holds office and
may exercise all the powers conferred on it by any Act or by Parliament
for the Parliament during which its members are appointed and until—
(a) the expiry of the Assembly by effluxion of time;
or
(b) the dissolution of the Assembly—
whichever occurs first.
19. Functions of the Economic Development Committee
(1) The functions of the Economic Development Committee
are, if required so to do under this Act, to inquire into, consider
and report to the Parliament on any proposal, matter or thing connected
with economic development or industrial affairs.
(2) It is not a function of the Economic Development
Committee to inquire into, consider and report on—
(a) budget estimates and other budget papers and any
documents presented to the Assembly and the Council that relate
to—
(i) the financial and performance activities of
government agencies; or
(ii) any other activities involving public expenditure;
or
(b) audit priorities for the purposes of the Audit
Act 1994.
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PART 3—MEMBERSHIP, QUORUMS,
VOTING AND PROCEDURE OF
PARLIAMENTARY COMMITTEES
Division 1—Membership
20. Membership of Parliamentary Committees
(1) As soon as practicable after the commencement of
each Parliament, the members of a Parliamentary Committee must be
appointed according to the practice of Parliament relating to the
appointment of members of select committees.
(2) A Parliamentary Committee must consist of not more
than 9 members or, in the case of the Public Accounts and Estimates
Committee, 10 members.
(3) At least 2 members of a Parliamentary Committee
must be members of, and be appointed by, the Council.
(4) At least 2 members of a Parliamentary Committee
(other than the Economic Development Committee) must be members of,
and be appointed by, the Assembly.
21. Parliamentary Committee vacancies
(1) A person ceases to be a member of a Parliamentary
Committee if—
(a) the person's seat as a member of the Council or
the Assembly becomes vacant; or
(b) the person resigns from the Committee by notice
in writing to the President and the Speaker.
(2) If a vacancy occurs in the appointed members of
a Parliamentary Committee, it must be filled upon motion in the usual
manner provided that any requirements of this Act relating to representation
on the committee of members of the Council and of the Assembly are
observed in the filling of the vacancy.
22. Election of chairpersons and deputy chairpersons
(1) A Parliamentary Committee must elect one of its
members to be chairperson.
(2) A Parliamentary Committee must elect one of its
members to be deputy chairperson.
(3) In the absence of the chairperson, any powers and
duties of the chairperson may be exercised by the deputy chairperson.
Division 2—Quorums and Voting
23. Quorums of Parliamentary Committees
(1) No business may be transacted at a meeting of a
Parliamentary Committee unless a quorum is present.
(2) Subject to sub-section (3), the quorum of a Parliamentary
Committee is the majority of members appointed to the Committee.
(3) No quorum of a Parliamentary Committee (other than
the Economic Development Committee) may consist exclusively of members
of the Council or the Assembly.
24. Voting by members
(1) A question arising at a meeting of a Parliamentary
Committee is determined by the majority of votes of the members of
the Committee present and voting.
(2) Each member of a Parliament Committee has a deliberative
vote.
(3) In the event of an equality of votes, the chairperson
of a Parliamentary Committee has a casting vote in addition to a deliberative
vote.
Division 3—Procedure of Parliamentary
Committees
25. Sittings of Parliamentary Committees
(1) Subject to sub-sections (2) and (3), a Parliamentary
Committee may sit and transact business—
(a) at times (including times when either House of
the Parliament has adjourned); and
(b) in places in Victoria or elsewhere—
that are convenient for the proper and speedy dispatch
of business.
(2) If a House of the Parliament is sitting, a Parliamentary
Committee (other than the Economic Development Committee) may not
sit—
(a) except by leave of that House; and
(b) in any place other than a place that is within
the Parliament buildings.
(3) In the case of the Economic Development Committee,
if the Council is sitting, the Committee—
(a) may not sit, except by leave of the Council; and
(b) may not sit in any place other than a place that
is within the Parliament buildings.
26. Presence of members of Parliament and the public at
committee meetings
(1) A Parliamentary Committee or a sub-committee of
a Parliamentary Committee may invite a member of the Council or the
Assembly or a member of the public to be present for a specified purpose
at the whole or a part of a particular meeting of the Committee or
sub-committee.
(2) Only members of the particular Parliamentary Committee
or sub-committee may vote on any question arising at the meeting.
27. Public hearings
(1) A Parliamentary Committee may hold a public hearing
on any proposal, matter or thing being inquired into or being considered
by the Committee.
(2) A Parliamentary Committee may refuse to hear evidence
at a public hearing that in the opinion of the Committee—
(a) is irrelevant to the proposal, matter or thing
being inquired into or being considered by the Committee; or
(b) is unnecessary to be given because of other information
at the disposal of the Committee.
(3) A person may not be represented by a legal practitioner
unless a Parliamentary Committee otherwise resolves.
(4) A person (including a legal practitioner) may give
evidence on his or her own behalf or on behalf of a body of which
the person is a member or an employee.
28. Evidence
(1) A Parliamentary Committee has power to send for
persons, documents and other things.
(2) A Parliamentary Committee must take all evidence
in public unless the Committee resolves that special circumstances
make it desirable to take any evidence in private and for this purpose,
part or whole of a public hearing may be held in private.
(3) Without limiting or affecting the generality of
section 19A of the Constitution Act 1975, evidence before a
Parliamentary Committee must, if the Committee so requires, be given
on oath or affirmation.
(4) A Parliamentary Committee may empower a member of
the Committee to take evidence with respect to any proposal, matter
or thing which is referred to the Committee for consideration and
report.
(5) In taking evidence under sub-section (4), a member
of a Parliamentary Committee has all the privileges, immunities and
powers of the Parliamentary Committee.
(6) A person who is required by a Parliamentary Committee
to attend as a witness is in prescribed circumstances entitled to
receive prescribed expenses.
(7) A Parliamentary Committee must keep a record of
all evidence given before it and determinations made by it.
29. Evidence may be considered by other Parliamentary
Committees
If a Parliamentary Committee lapses or ceases to have
legal existence before making a report to the Parliament, evidence
taken by the Committee in private in the course of considering or
inquiring into a proposal, matter or thing may be considered by a
Committee holding office during the next following Parliament if that
Committee—
(a) considers or inquires into a similar proposal,
matter or thing; and
(b) resolves not to publish the evidence unless the
person who gave the evidence consents to its publication.
30. Engagement of research staff
(1) A Parliamentary Committee may, subject to authorisation
by the President or the Speaker, commission a person to investigate
and report to the Committee on any aspect of a proposal, matter or
thing being inquired into or being considered by the Committee.
(2) A Parliamentary Committee may, with the consent
of the Public Employment Minister within the meaning of the Public
Sector Management and Employment Act 1998, make use of the services
of an employee within the meaning of that Act for the purpose of investigating
and reporting to the Committee on any aspect of a proposal, matter
or thing being inquired into or being considered by the Committee.
Division 4—Sub-committees of Parliamentary
Committees
31. Parliamentary Committee sub-committees
(1) A Parliamentary Committee may appoint a sub-committee
of 4 or more members of the Parliamentary Committee, of whom one is
appointed chairperson of the sub-committee by the Parliamentary Committee.
(2) No business may be transacted at a meeting of a
sub-committee unless a quorum is present.
(3) The quorum of a sub-committee is the majority of
the members of the sub-committee.
(4) A question arising at a meeting of a sub-committee
is determined by a majority of the votes of the members of the sub-committee
present and voting.
(5) Each member of a sub-committee has a deliberative
vote.
(6) In the event of an equality of votes, the chairperson
of a sub-committee also has a casting vote.
(7) A sub-committee, in relation to any proposal, matter
or thing which has been referred to the sub-committee for consideration
and report, has all the privileges, immunities and powers (except
the powers specified in section 30) of the Parliamentary Committee.
(8) A sub-committee must report to the Parliamentary
Committee which may adopt a report of the sub-committee or reject
its report or adopt its report with variations.
(9) A Parliamentary Committee may empower a member of
the sub-committee to take evidence with respect to any proposal, matter
or thing which is referred to the sub-committee for consideration
and report.
(10) In taking evidence under sub-section (9), a member
of a sub-committee has all the privileges, immunities and powers of
the Parliamentary Committee.
_______________
PART 4—REFERRALS, REPORTS AND
RESPONSES
32. Referrals to Parliamentary Committees
(1) Any proposal, matter or thing that is relevant to
the functions of a Parliamentary Committee may be referred to the
Committee—
(a) by resolution of the Council; or
(b) by resolution of the Assembly (other than in the
case of the Economic Development Committee); or
(c) by Order of the Governor in Council published
in the Government Gazette.
(2) A resolution of the Council or the Assembly or an
Order of the Governor in Council referring a proposal, matter or thing
to a Parliamentary Committee under sub-section (1) may specify a period
of time within which the Parliamentary Committee must make a final
report to the Parliament on the proposal, matter or thing.
33. Duty of Parliamentary Committees to inquire into,
consider and report
(1) A Parliamentary Committee must inquire into, consider
and report to the Parliament on any proposal, matter or thing relevant
to the functions of the Committee that has been referred to it.
(2) In carrying out its functions, a Parliamentary Committee
must—
(a) give priority before all other proposals,
matters or things being inquired into or being considered by the
Committee—
(i) first, to all proposals, matters or things referred
to it by resolution of the Council or the Assembly; and
(ii) second, to all proposals, matters or things
referred to it by Order of the Governor in Council published in
the Government Gazette; and
(b) comply with any limitation of time specified under
section 32(2).
(3) A Parliamentary Committee (other than the Economic
Development Committee) may inquire into, consider and report to Parliament
on any annual report or other document relevant to the functions of
the Committee that is laid before either House of the Parliament under
an Act.
34. Interim reports, discussion papers, minority reports
and draft bills
(1) Before making a final report to the Parliament on
any proposal, matter or thing, a Parliamentary Committee may—
(a) make one or more interim reports to the Parliament
on the proposal, matter or thing; or
(b) publish a document relating to the proposal, matter
or thing.
(2) A Parliamentary Committee must include with a report
made by it to the Parliament a minority report on behalf of a member
of the Committee if requested so to do by the member.
(3) A Parliamentary Committee may include in any report
made by it to the Parliament a draft Bill to give effect to those
recommendations of the Committee that cannot be given effect to otherwise
than by an Act.
(4) For the purposes of preparing a draft Bill under
sub-section (3), a Parliamentary Committee may, with the consent of
the Minister administering the relevant Department, make use of any
employees in the Department.
35. Reports to be laid before the Parliament
Within 10 sitting days of a Parliamentary Committee
adopting a report to the Parliament, the chairperson of the Committee
must lay the report, or cause the report to be laid, before both Houses
of the Parliament or, in the case of the Economic Development Committee,
before the Council.
36. Ministerial response to reports laid before the Parliament
If a Parliamentary Committee's report to the Parliament
recommends that the Government take a particular action with respect
to a matter, the appropriate responsible Minister must provide the
Parliament with a response to the Parliamentary Committee's recommendations
within 6 months of the report being laid before both Houses of the
Parliament or, in the case of the Economic Development Committee,
before the Council.
37. Parliamentary Committees to make available
evidence and reports of investigations
(1) Subject to sub-section (2), a Parliamentary Committee
must on request make available to a member of the public any document
that is—
(a) a copy of any written evidence, or a transcript
of any oral evidence, given to the Committee; or
(b) a copy of the report of any investigation carried
out under sub-section (1) or (2) of section 30; or
(c) a copy of the record of any evidence given to
the Committee or determinations made by the Committee.
(2) A Parliamentary Committee must refuse a request
made under sub-section (1) if—
(a) the requested document contains evidence that
was given to the Committee or another Parliamentary Committee in
private and the person who gave the evidence does not consent to
its disclosure or publication; or
(b) the Committee resolves that it is of the opinion
that special circumstances exist that make it undesirable to grant
the request or
(c) the requested document records the deliberations
of the Committee.
(3) A Parliamentary Committee must not disclose or publish
or include in any report any evidence given to it in private, unless
the person who gave the evidence consents to its disclosure or publication.
(4) Every report laid before the Parliament must be
published.
_______________
PART 5—HOUSE COMMITTEE AND LIBRARY COMMITTEE
Division 1—House Committee
38. Establishment of the House Committee
There is established a joint committee of the Council
and the Assembly called the House Committee.
39. Term of the House Committee
The House Committee holds office and may exercise all
the powers conferred upon it by any Act or by Parliament for the Parliament
during which its members are appointed and until—
(a) the expiry of the Assembly by effluxion of time;
or
(b) the dissolution of the Assembly—
whichever occurs first.
40. Functions of the House Committee
(1) The House Committee is responsible for managing—
(a) the refreshment rooms and the Parliament gardens;
and
(b) the maintenance, renewal and extension of the
Parliament buildings.
(2) The House Committee must advise the Speaker and,
if appropriate, the President on the management of Parliamentary services,
including any thing concerned with information technology.
(3) The department of Parliamentary Services, and the
Secretary of that department, must provide the House Committee with
any assistance and services that the House Committee requires to enable
it to carry out its functions.
41. Membership of the House Committee
(1) As soon as practicable after the commencement of
each Parliament, the members of the House Committee (other than the
President and the Speaker) must be appointed according to the practice
of Parliament.
(2) The House Committee consists of—
(a) the President and the Speaker who are members
ex officio; and
(b) 11 appointed members of whom 5 are members of,
and appointed by, the Council and 6 are members of, and appointed
by, the Assembly.
(3) The House Committee may elect one of its members
to be its chairperson.
42. Quorum of the House Committee
(1) The quorum of the House Committee is 7 members.
(2) No quorum of the House Committee may consist exclusively
of members of the Council or of members of the Assembly.
43. Voting by members
(1) A question arising at a meeting of the House Committee
is determined by the majority of votes of the members of the Committee
present and voting.
(2) Each member of a Parliament Committee has a deliberative
vote.
44. Staff under control of the House Committee
The officers and persons employed in the refreshment
rooms and in the Parliament gardens and on the engineering staff are
under the control of the House Committee.
Division 2—Library Committee
45. Term of the Library Committee
The Library Committee holds office and may exercise
all the powers conferred upon it by any Act or by Parliament for the
Parliament during which its members are appointed and until—
(a) the expiry of the Assembly by effluxion of time;
or
(b) the dissolution of the Assembly—
whichever occurs first.
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PART 6—GENERAL
46. Discussions on functioning of Committees
(1) There is established a committee consisting of the
President, the Speaker and the chairpersons of the Parliamentary Committees.
(2) The committee referred to in sub-section (1) or any
two or more chairpersons of Parliamentary Committees may meet and hold
discussions with a view to securing the more efficient functioning of
Parliamentary Committees generally or any one or more of those Committees
in particular and to avoid the duplication by one Committee of the work
of another Committee.
(3) The chairperson of a Parliamentary Committee may,
for any purpose referred to in sub-section (2), disclose or publish
to the committee referred to in sub-section (1), or to any other chairperson
of a Parliamentary Committee any evidence taken by the Committee or
any documents presented to the Committee or any proceedings or reports
of the Committee despite the evidence or those documents, proceedings
or reports not having been reported to the Parliament.
47. Expenditure of Parliamentary Committees
Except as otherwise provided in this Act, any expenditure
incurred by or on behalf of a Parliamentary Committee, if authorised
by, and certified to, the President or the Speaker, must be paid from
the Consolidated Fund which is appropriated by this section to the
necessary extent.
48. Reimbursements to members of certain committees
(1) This section applies to—
(a) a Parliamentary Committee; or
(b) a sub-committee of a Parliamentary Committee;
or
(c) a joint select committee, if the resolution of
the Council and the Assembly establishing the committee expressly
so provides.
(2) Subject to this section, a member (including the
chairperson) of a committee is entitled to receive an expense allowance
or a travelling allowance at a prescribed rate and in prescribed circumstances—
(a) in respect of the member's attendance at a meeting
of the committee—
(i) at which a quorum is present; or
(ii) to take evidence under section 28(4) in the
case of a Parliamentary Committee or under section 31(9) in the
case of a sub-committee of a Parliamentary Committee;
(b) in respect of undertaking any other duties as
a member of the committee that are approved by the committee and
by the President or the Speaker as duties to which allowances apply.
(3) A member is only entitled to a payment under sub-section
(2)(a) in respect of a meeting of a committee that—
(a) lasts for at least one hour; and
(b) the member attends for at least 45 minutes.
(4) A member is not entitled to be paid under this section
for an attendance at a meeting of a committee if the member previously
has attended a meeting of that or another committee on the same day
for which the member is entitled to a payment under this section.
49. Certification of payments to members of committees
(1) The amount to which a member of a committee is entitled
under this Act must be certified to by the chairperson of the relevant
committee and is payable to that member out of the Consolidated Fund
which is appropriated by this section to the necessary extent.
(2) Any reimbursement payable to a member of a committee
under this Act is in addition to any payment received by the member
as parliamentary salary or allowances.
50. Status of payments as regards the Constitution Act
1975
Despite anything in the Constitution Act 1975
or in any other Act, a member of a committee referred to in section
48(1) by reason only of receiving a payment under this Act does not
hold or accept an office or place of profit under the Crown or is
not employed under Part 3 of the Public Sector Management and Employment
Act 1998 so as—
(a) to render the member incapable of sitting or voting
as a member of the Assembly or Council; or
(b) to make null and void the member's election to
Parliament; or
(c) to disqualify or render the member incapable of
being or continuing a member of the Assembly or Council.
51. Immunity from judicial review
The proceedings of a Parliamentary Committee or any
recommendation or report made by a Parliamentary Committee or any
document published by a Parliamentary Committee—
(a) may not give rise to a cause of action in law;
or
(b) may not be made the subject of, or in any way
be called into question in, a proceedings before a court.
52. Supreme Court--limitation of jurisdiction
It is the intention of section 51 to alter or vary section
85 of the Constitution Act 1975.
53. Regulations
The Governor in Council may make regulations for or
with respect to any matter or thing required or permitted by this
Act to be prescribed or necessary to be prescribed to give effect
to this Act.
54. Repeal of the Parliamentary Committees Act 1968
The Parliamentary Committees Act 1968
is repealed.
55. Amendment to the Parliamentary Salaries and Superannuation
Act 1968
(1) In section 3 of the Parliamentary Salaries
and Superannuation Act 1968 insert—
' "Parliamentary Committee" has the same
meaning as in the Parliamentary Committees Act 200*;'.
(2) In the Table to section 6 of the Parliamentary
Salaries and Superannuation Act 1968 for—
"Chairman of Joint
Investigatory Committee or Economic Development Committee |
10" |
substitute—
"Chairperson of
Parliamentary Committees |
10 |
Chairperson of joint
select committee if resolution establishing committees provides
that Act applies |
5". |
56. Amendment to the Constitution Act 1975
(1) For section 19A(1) of the Constitution Act 1975
substitute—
"(1) In this section "committee"
means a committee of the Council or of the Assembly or a joint committee
of the Council and the Assembly or a sub-committee of a Parliamentary
Committee within the meaning of the Parliamentary Committees
Act 200* or a member of such a sub-committee or a Parliamentary
Committee empowered to take evidence under that Act.".
(2) For section 19A(5) of the Constitution Act 1975
substitute—
"(5) before any other committee may be administered
by—
(a) the chairperson of the committee; or
(b) a member of a Parliamentary Committee or sub-committee
of a Parliamentary Committee within the meaning of the Parliamentary
Committees Act 200* empowered to take evidence under that
Act; or
(c) the clerk attending such committee.".
57. Amendment to the Audit Act 1994
In section 3 of the Audit Act 1994, in the definition
of "Parliamentary Committee", for "Parliamentary
Committees Act 1968" substitute "Parliamentary
Committees Act 200*".
58. Amendment to the Parliamentary Precincts Act
2001
In section 5(2) of the Parliamentary Precincts
Act 2001, for "Parliamentary Committees Act
1968" substitute "Parliamentary Committees
Act 200*".
59. Amendment to the Victorian Law Reform Commission Act
2000
In section 20(1) of the Victorian Law Reform
Commission Act 2000, for "Parliamentary Committees
Act 1968" substitute "Parliamentary Committees
Act 200*".
60. Economic Development Committee to become Joint Statutory
Committee
(1) In section 3 of this Act—
(a) omit the definition of "Economic Development
Committee";
(b) in the definition of "Parliamentary Committee"
omit paragraph (c).
(2) In section 5(g) of this Act, for "Committee."
substitute "Committee;".
(3) After section 5(g) of this Act insert—
"(h) the Economic Development Committee".
(4) Division 3 of Part 2 of this Act is repealed.
(5) In sections 20(4) and 23(3) of this Act omit
"(other than the Economic Development Committee)".
(6) In section 25 of this Act—
(a) in sub-section (2) omit "(other than
the Economic Development Committee)";
(b) sub-section (3) is repealed.
(7) In section 32(1)(b) of this Act omit "(other
than in the case of the Economic Development Committee)".
(8) In section 33(3) of this Act omit "(other
than the Economic Development Committee)".
(9) In sections 35 and 36 of this Act omit "or,
in the case of the Economic Development Committee, before the Council".
61. New section 13A inserted
After section 13 of this Act insert—
"13A. Functions of the Economic Development
Committee
(1) The functions of the Economic Development Committee
are, if required so to do, to inquire into, consider and report
to the Parliament on any proposal, matter or thing connected with
economic development or industrial affairs.
(2) It is not a function of the Economic Development
Committee to inquire into, consider and report on—
(a) budget estimates and other budget papers and
any documents presented to the Assembly and the Council that
relate to—
(i) the financial and performance activities
of government agencies; or
(ii) any other activities involving public expenditure;
or
(b) audit priorities for the purposes of the Audit
Act 1994.".
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Scrutiny
of Acts and Regulations Committee
©
Parliament of Victoria |