Scrutiny of Acts and Regulations Committee

Improving Victoria's Parliamentary Committee System

Summary of Recommendations

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Recommendations to clarify Victoria's existing Parliamentary Committee system

1a. The Committee recommends that, as a minimum, the Parliamentary Committees Act 1968 be repealed and replaced by an Act that uses plain English, and has a user-friendly structure. The Committee draws Parliament's attention to the draft Bill in Appendix A.

1b. The Committee recommends that the draft Bill in Appendix A be enhanced to incorporate as many of the other recommendations made by the Committee as the Parliament sees fit, thus creating a modern and effective Parliamentary committee system in Victoria.

Recommendations to enhance and expand Victoria's existing Parliamentary Committee system

2a. The Committee recommends that an Act of Parliament should be the principal means by which Parliamentary committees are established.

2b. The Committee recommends that the Victorian Parliament should retain the option of establishing Parliamentary committees by means of Standing Orders and by means of resolution.

3. The Committee recommends that the Parliamentary committee system in Victoria continue to include the option of joint House and single House Parliamentary committees.

4a. The Committee recommends that matters concerning Parliamentary committees that occur on the floor of either House of Parliament (for example the nomination and balloting of members) continue to be dealt with by Standing Orders.

4b. The Committee recommends that reviews of the Standing Orders take particular note of procedures relating to Parliamentary committees and endeavour to deal with these matters in a modern and appropriate manner.

5a. The Committee recommends that Parliamentary committees established under a new Parliamentary Committees Act should broadly reflect the areas of responsibility of each government department.

5b. The Committee recommends that Ministers use Parliamentary committees more readily as a means of researching issues for the Parliament and consulting the public.

5c. The Committee recommends that the Government consider referring draft or proposed Bills to Parliamentary committees where appropriate.

6a. The Committee recommends that the Scrutiny of Acts and Regulations Committee be given the power to consider Acts if they were not reported on by that Committee when they were still Bills.

6b. The Committee recommends that the Road Safety Committee should be renamed the Transport Committee and that its functions be expanded to cover road safety, public transport, ports and rail.

6c. The Committee recommends that the Public Accounts and Estimates Committee's functions be amended to reflect the full range of financial and budget documents tabled in the Parliament.

6d. The Committee recommends the Law Reform Committee should be renamed the Justice Committee and that its functions should be expanded to cover the administration of justice, police, the courts, prisons and law reform.

7a. The Committee recommends that the House Committee should not be dealt with in an Act dealing with Parliamentary committees. Rather, the House Committee should be dealt with by the Joint Standing Orders of the Victorian Parliament.

7b. The Committee recommends that the tenure of the House Committee should be the same as other Parliamentary committees, namely that it hold office until the expiry of the Assembly by effluxtion of time or the dissolution of the Assembly, whichever happens first.

8a. The Committee recommends that the Library Committee should not be dealt with in an Act dealing with Parliamentary committees. Rather, the Library Committee should be dealt with by the Joint Standing Orders of the Victorian Parliament.

8b. The Committee recommends that the tenure of the Library Committee should be the same as other Parliamentary committees, namely that it hold office until the expiry of the Assembly by effluxtion of time or the dissolution of the Assembly, whichever happens first.

9a. The Committee recommends that the Parliamentary committee system retain its current flexibility in relation to the size and composition of committees.

9b. The Committee recommends that members of Parliament be actively encouraged to participate as much as possible in the Parliamentary committee system.

10. The Committee recommends that a provision similar to section 4Q of the current Act that sets up a committee to hold discussions with a view to securing the more efficient functioning of the committees be included in a new Act dealing with Parliamentary committees.

11. The Committee recommends that Parliamentary committees be allowed to initiate their own inquires if the committee members unanimously agree to do so.

12. The Committee recommends that a full committee may empower an individual member to take evidence if the committee members unanimously agree to do so.

13. The Committee recommends that Parliamentary committees be given the power to send for persons, documents and other things.

14a. The Committee recommends that all evidence given to a Parliamentary committee should be treated as public unless the committee accepts the evidence on the basis that it is confidential.

14b. The Committee recommends that confidential evidence remains confidential unless the person who gave it later consents to its publication.

14c. The Committee recommends that evidence gathered by a Parliamentary committee that has not completed its inquiry before it is reconstituted, may be used by a committee of the same name or with the same purpose.

15. The Committee recommends that Parliamentary committees make greater use of technology by—

(a) regularly making submissions available on the internet when appropriate; and

(b) encouraging the public to lodge submissions and comments electronically; and

(c) conducting public hearings via video and audio links when appropriate; and

(d) enabling committee meetings to be held electronically.

16. The Committee recommends that Parliamentary committee reports should be able to be tabled when Parliament is not sitting if the committee unanimously decides that this is appropriate.

17a. The Committee recommends that responsible Ministers should provide interim responses to Parliamentary committee reports within two months.

17b. The Committee recommends that responsible Ministers should provide final and detailed responses to Parliamentary committee reports within six months.

17c. The Committee recommends that the final Ministerial responses to committee reports should include the recommendations that are to be adopted and the way and time within which they will be carried out and the reasons for not adopting any committee recommendations.

17d. The Committee recommends that if Parliament is not sitting, responsible Ministers should be able to table their response to committee reports with the President and Speaker.

18. The Committee recommends that an Act dealing with Parliamentary committees not include provisions pertaining to private Bills. Separate legislation may be appropriate.

19. The Committee recommends that Parliamentary committees be funded by an appropriation made under the Appropriation (Parliament) Act each year.

20a. The Committee recommends that the status and role of committee staff be enhanced and that staff should be provided with career development opportunities.

20b. The Committee recommends that Parliamentary committee staff be shared between committees and that a clearer career structure should be developed for research officers to Parliamentary committees.

20c. The Committee recommends that secondments of staff to and from government departments be facilitated and actively encouraged.


Scrutiny of Acts and Regulations Committee
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