Subcommittees

All Parliamentary Committees have power to appoint subcommittees of not less than four members. Currently SARC has appointed the following Subcommittee:

Regulation Review

Summary

The Regulation Review Subcommittee reviews regulations against the principles set out in section 21 of the Subordinate Legislation Act 1994. These include —

  • Whether the Regulation is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;
  • Whether the Regulation is inconsistent with principles of justice and fairness;
  • Whether the Regulation unduly trespasses on rights and liberties of the person previously established by law;
  • Whether the Regulation appears to be inconsistent with the general objectives of the authorising Act;

It also scrutinises regulations to ensure procedural compliance with ss 6-9 of the Subordinate Legislation Act 1994.

If regulations substantially contravene the procedures or principles contained in section 21 of the Subordinate Legislation Act 1994, the Subcommittee may report to Parliament. It may recommend disallowance of the Regulations in whole or part.

The Subcommittee meets throughout the year to examine regulations.

Membership

Ms Lizzie Blandthorn MLA (Chairperson)
Ms Melina Bath MLC
Hon Richard Dalla-Riva MLC
Mr Steve Dimopoulos MLA
Ms Sonya Kilkenny MLA

Functions

Section 21 of the Subordinate Legislation Act 1994 provides—

(1) The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any statutory rule laid before Parliament

(a) does not appear to be within the powers conferred by the authorising Act;
(b) without clear and express authority being conferred by the authorising Act-

(i) has a retrospective effect; or;
(ii) imposes any tax, fee, fine, imprisonment or other penalty; or;
(iii) purports to shift the onus of proof to a person accused of an offence; or;
(iv) provides for the sub-delegation of powers delegated by the authorising Act;

(c) appears to be inconsistent with the general objectives of the authorising Act;
(d) makes unusual or unexpected use of the powers conferred by the authorising Act having regard to the general objectives of that Act;
(e) contains any matter or embodies any principles which should properly be dealt with by an Act and not by subordinate legislation;
(f) unduly trespasses on rights and liberties of the person previously established by law;
(g) makes rights and liberties of the person unduly dependent upon administrative and not upon judicial decisions;
(ga) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Privacy and Data Protection Act 2014;
(gb) 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 2000;
(h) is inconsistent with principles of justice and fairness;
(i) requires explanation as to its form or intention;
(j) has been prepared in contravention of any of the provisions of this Act or of the guidelines with respect to the statutory rule and the contravention is of a substantial or material nature;
(k) is likely to result in administration and compliance costs which outweigh the likely benefits sought to be achieved by the statutory rule.

(2) A report of the Scrutiny Committee under this section may contain any recommendations that the Scrutiny Committee considers appropriate, including a recommendation that a statutory rule should be-

(a) disallowed in whole or in part; or;
(b) amended as suggested in the report.