Joint Standing Committee on Delegated Legislation (1987 - 2001)

Joint ()

Title & summary	Status
No inquiries

Report No	Title	Date tabled
54	City of Swan Local Law Relating to Prevention & Abatement of Sand Drift	23 Nov 2000
53	Spent Convictions (Act Amendment) Regulations 2000 & Spent Convictions Act (Act Amendment) Regulations (No 2) 2000	23 Nov 2000
52	Workers' Compensation & Rehabilitation Amendment Regulations (No 11) 1999	20 Jun 2000
51	Liquor Licensing Amendment Regulations (No 3) 1999	25 May 2000
50	City of Kalgoorlie-Boulder Sewerage and Drainage Local Law	5 Apr 2000
49	Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999	4 Apr 2000
48	Meeting of the Working Group of Chairs and Deputy Chairs of Australian Scrutiny of Primary and Delegated Legislation Committees - Darwin - February 14 and 15, 2000	30 Mar 2000
47	Rules of Harness Racing 1999	30 Mar 2000
46	By-Laws of the Western Australian Trotting Association - Notice of Amendment 199	7 Dec 1999
45	Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999	10 Nov 1999
44	Seventh Australasian and Pacific Conference on Delegated Legislation and Fourth Australasian and Pacific Conference on the Scrutiny of Bills - July 21, 22 and 23 1999 - Sydney, New South Wales	26 Oct 1999
43	Shire of Northampton Signs Local Law	13 Oct 1999
42	Shire of Denmark Signs Local Law 1999	22 Sep 1999
41	Road Traffic (Licensing) Amendment Regulations 1999 Road Traffic (Vehicle Standards) Amendment Regulations 1999	22 Jun 1999
40	Fish Resources Management Amendment Regulations 1999	15 Jun 1999
39	Taxi Amendment Regulations 1998	5 May 1999
38	Spent Convictions (Act Amendment) Regulations (No 3) 1998	16 Dec 1998
37	Town of Claremont Tree Preservation Local Law	12 Nov 1998
36	Proposal to Travel	12 Nov 1998
35	Forest Management Amendment Regulations (No 2) 1998	21 Oct 1998
34	Spent Convictions (Act Amendment) Regulations 1998	25 Jun 1998
33	Road Traffic Code Amendment Regulations (No 2) 1997	19 Jun 1998
32	Shire of Augusta-Margaret River - Local Law Relating to Wallcliffe Reserve (Reserve 41545)	17 Jun 1998
31	Vocational Education and Training Amendment Regulations 1997	21 May 1998
30	Rottnest Island Amendment Regulations 1997	1 Apr 1998
29	Weights and Measures (Exemptions) Regulations 1997	27 Nov 1997
28	Supreme Court Amendment Rules (No 2) 1997	12 Nov 1997
27	Occupational Safety & Health Amendment Regulations (No 2) 1997	21 Oct 1997
26	Road Traffic (Amendment to Fees) Regulations 1997	14 Oct 1997
23	Sessional Report: 4th Session, 34th Parliament	28 Aug 1997
25	Road Traffic (Drivers' Licences) Amendment Regulations (No 2) 1997 Road Traffic (Licensing) Amendment Regulations (No 2) 1997	26 Aug 1997
22	Disallowance Procedures	22 Aug 1997
21	Control of Election Signs	21 Aug 1997
24	Sixth Australasian & Pacific Conference on Delegated Legislation and Third Australasian and Pacific Conference on the Scrutiny of Bills	20 Aug 1997
20	Bunbury Port Authority Amendment Regulations 1996	7 Nov 1996
	A Guide to "Local Laws" under the Local Government Act 1995 as "Subsidiary Legislation" under the Interpretation Act 1984	17 Sep 1996
19	The Committee's Response to the Final Report of the Legislative Assembly Select Committee on Procedure	3 Sep 1996
18	1995 Review of Operations	14 May 1996
17	Young Offenders Regulations 1995 and Director General's Rules	6 Dec 1995
16	Subordinate Legislation Framework in Western Australia	23 Nov 1995
15	The Committee's Investigations in Washington, London and Paris	15 Jul 1995
14	Scrutiny of Subordinate Legislation in Different Jurisdictions	16 Jun 1994
13	Education Amendment Regulations (No 4) 1993	12 Apr 1994
12	The Treatment of Sewage and Disposal of Effluent and Liquid Waste Amendment Regulations (No 2) 1993	12 Apr 1994
11	Review of Operations 1991-1992	1 Dec 1992
10	Department of Land Administration Regulations 1992	5 Nov 1992
9	Fish Amendment Regulations (No.5) 1992 and Fish Amendment Regulations (No.6) 1992	4 Nov 1992
8	Health (Cervical Cytology Register) Regulations 1991	29 Apr 1992
7	Justices Act (Court of Petty Sessions Fees) Regulations, Justices (INREP) Amendment (No.3) Regulations, Local Court Amendment Rules (No2.) and Transfer of Land Amendment Regulations 1991, Strata Titles General Amendment Regulations 1991 and Registration of Deeds Amendment Regulations 1991	28 Nov 1991
6	Emergency Powers (Ammonia Unloading) Regulations 1991	7 Nov 1991
5	Equal Opportunity Amendment Regulations 1990	1 Dec 1990
4	Road Traffic Code Amendment Regulations 1990	4 Jul 1990
3	Swan Shire By-laws relating to Removal of Materials	17 Oct 1989
1	First Report December 1987 - November 1988	24 Nov 1988

Title & summary	Status
No past inquiries

Purpose of undertakings

When the Committee finds an issue in delegated legislation, it may request an undertaking from the relevant local government or Minister to fix the issue (for example, by amending the delegated legislation).

A person or body giving an undertaking commits to do certain actions within a certain timeframe, for example to:

amend delegated legislation within a certain timeframe (usually 6 months) and not enforce it in the meantime;
provide a copy of the undertakings wherever the delegated legislation is publicly available (such as at a local government office or on a website);
provide a copy of the minutes of the meeting at which the council of a local government resolved to provide an undertaking.

Giving an undertaking to a Parliamentary Committee is a serious matter. A failure to comply with an undertaking may be reported to the Legislative Council for further action.

Title & summary	Status
No proceedings

Committee members

Chairman:	Hon. Robert (Bob) Laurence Wiese MLA
Deputy Chairman:	Hon. Thomas (Tom) Richard Helm MLC
Members:	Hon. Ray Halligan MLC Hon. Simon O'Brien MLC Hon. Jim Scott MLC Ms Katie Hodson-Thomas MLA Mr Norm Marlborough MLA Bill Thomas MLA
Staff:	Mr Nigel Pratt, BA, BJuris, LLB (Principal Advisory Officer) Ms Jan Paniperis, BA (Committee Clerk)

(1) Committee Requirements for Local Governments

Local Laws Explanatory Memoranda Checklist
Local Laws Explanatory Memoranda Directions

(2) Committee Requirements for Government Departments and Agencies

Premier's Circular 2023/01

Summary of WALGA Conference Presentation
WALGA Conference Powerpoint

Undertakings represent commitments made by local governments, government departments or agencies to the Committee that certain actions will be completed within a certain time frame.

The requesting of undertakings relating to Instruments from local governments, departments and agencies is a serious matter. The Committee allows Instruments to pass unimpeded into law subject to the commitment that the relevant local government, department or agency will abide by the undertakings they give.

The Committee accepts undertakings provided on the following terms:

all consequential amendments arising from the undertakings will be made;

offending clauses will not be enforced in a manner contrary to the undertakings given;

the undertakings will be completed within six months of the date the local government, department or agency’s letter provides the undertakings;

where the instrument is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of the undertakings; and

in the case of a local government, it will provide a copy of the minutes of the meeting at which the relevant council resolves to provide the undertakings.

Every six months, the Committee conducts a review of the Internet Undertakings List for viewing by Local Governments and the Internet Undertakings List for viewing by Departments and Agencies to check for compliance with provided undertakings. Reminders are sent to local governments, departments or agencies where compliance with undertakings has not occurred within the required time.

1. Delegated legislation:

Legislation made by a person or body other than the Parliament, under authority granted to that person or body by an Act of Parliament. Individually, delegated legislation has a variety of names, including `regulations', ‘local laws’, `by-laws', `rules', `ordinances', and `orders-in-council'. Collectively, they are variously termed `subordinate legislation', ‘secondary legislation’, `statutory rules', `legislative instruments', `statutory instruments', and `subsidiary legislation'.

2. To ‘disallow’ is to:

refuse to allow or accept as valid.
When the Parliament disallows delegated legislation, that legislation will no longer have any effect as of the date of the disallowance. In the WA Parliament, the Legislative Council has a dedicated process for disallowing delegated legislation (please see the disallowance flowchart below).

Disallowance Flowchart (A4).pdf

Joint Rules of the Committee:

1.	The Standing Committee on Delegated Legislation (the "Committee") shall consist of 4 members of the Legislative Assembly and 4 members of the Legislative Council.

2.	(1)	The Assembly members of the Committee shall be chosen as the House may determine but, where there is a party in the Assembly of not less than 5 members, other than a party whose leader is either the Premier or the Leader of the Opposition, 1 of the Assembly members of the Committee shall be a member of that party.

	(2)	The term of office of each Committee member extends from the time of election to the Committee until the expiration of that Parliament during which he was elected.

	(3)	When a vacancy occurs on the Committee during a recess or a period of adjournment in excess of 2 weeks the President or the Speaker, as the case may be, may appoint a member to fill the vacancy until an appointment can be made by the Council or Assembly as the case may be.

	(4)	A member may resign from membership of the Committee at any time by writing addressed to the President or Speaker, as the case may require, and the appropriate Presiding Officer shall thereupon notify the House of the vacancy, and any member elected to fill that vacancy holds office for the balance of the vacating member's term and is eligible for re-election.

3.	A person shall not be elected to, or continue as, a member of the Committee if that member is or becomes:

	(a)	a Minister of the Crown;
	(b)	the President of the Legislative Council;
	(c)	the Speaker of the Legislative Assembly; or
	(d)	the Chairman of Committees of the Legislative Council or of the Legislative Assembly.

4.	At its first meeting and thereafter as occasion requires the Committee shall elect from its members a Chairman who belongs to a party or parties supporting the Government, and a Deputy Chairman.

5.	It is the function of the Committee to consider and report on any regulation that:

	(a)	appears not to be within power or not to be in accord with the objects of the Act pursuant to which it purports to be made;

	(b)	unduly trespasses on established rights, freedoms or liberties;

	(c)	contains matter which ought properly to be dealt with by an Act of Parliament; or

	(d)	unduly makes rights dependent upon administrative, and not judicial, decisions.

6.	(1)	If the Committee is of the opinion that any of the Regulations ought to be disallowed, in whole or in part, it shall report that opinion and the grounds thereof to each House before the end of the period during which any motion for disallowance of those Regulations may be moved in either House, but if both Houses are not sitting, it may report its opinion and the grounds thereof to the authority by which the Regulations were made.

	(2)	Where a report is made to the regulation-making authority pursuant to rule 6(1), a copy of the report shall be delivered to the Clerk of each House who shall make it available to any member for perusal, and any such report shall be tabled in each House not later than 6 sitting days from the start of the next ensuing sitting of each House.

7.	If the Committee is of the opinion that any other matter relating to any Regulation should be brought to the notice of the House, it may report that opinion and matter to the House.

8.	A report of the Committee shall be presented in writing to each House by a member of the Committee nominated for that purpose by the Committee.

9.	The Committee has power to send for persons, papers and records, to move from place to place, and to sit during a recess or an adjournment of either House or of both Houses.

10.	A quorum for the conduct of business is 4 members provided that each House is represented at all times.

11.	Except to the extent that they impinge upon the functioning of the Committee, its proceedings shall be regulated by the standing orders applicable to Select Committees of the Legislative Council.