Scrutiny of Acts and Regulations Committee

Improving Victoria's Parliamentary Committee System
Terms of Reference

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The Scrutiny of Acts and Regulations Committee received a reference by way of a resolution of the Legislative Council that was moved by the Hon. M. A. Birrell MLC on 1 March 2000 who said—

"I move:

That pursuant to the Parliamentary Committees Act 1968, … the Scrutiny of Acts and Regulations Committee [be required to inquire into and consider] the Parliamentary Committees Act 1968 and to report, by 30 June 2001, to Parliament on its recommendations for a clearer and improved act.
……
The reference the opposition is suggesting for the Scrutiny of Acts and Regulations Committee is, ironically, to review the Parliamentary Committees Act. There will be all-party agreement among those who have looked at the act. To put it in non-legal terms the act is a dog’s breakfast. Most of the empowerment clauses are in the definition section which makes it extremely hard for anyone to analyse. It certainly meets the definition of being unclear, and it will be in the interest of everyone to inquire into the provisions of a clearer act. That would be some of the work of the Scrutiny of Acts and Regulations Committee...".[2]

The Scrutiny of Acts and Regulations Committee (hereafter referred to as "the Committee") received an extension to report by May 2002. The Committee appointed a Sub-committee of four members to be responsible for this reference.

Scope of the reference

The Committee divided its review of the Parliamentary Committees Act 1968 into two stages.

The first stage involved a detailed review of the Parliamentary Committees Act 1968 and the preparation of a draft Bill to replace the 1968 Act. This Bill maintains the current committee system, but is drafted in plain English and has a user-friendly structure.

In the second stage, the Committee, among other matters, considered how the Parliamentary committee system in Victoria could be improved. This involved examining options for the establishment of Parliamentary committees, the functions and powers of Parliamentary committees and how they are administered. The Committee also assessed the Parliamentary committee systems of several other jurisdictions.

Based on these considerations and the submissions received by the Committee during the course of its inquiry, the Committee has made numerous recommendations.

The Committee's primary recommendation is that, as a minimum, the Parliamentary Committee Act 1968 should be repealed and replaced by an Act that, while maintaining the existing committee powers and structure, uses plain English and has a user-friendly structure.

The Committee is of the opinion that its other recommendations should, if Parliament sees fit, be incorporated into the new plain English Act, thus creating a modern and effective committee system for Victoria.

Scrutiny of Acts and Regulations Committee
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