Committees
Joint Standing Committee on Delegated Legislation
Establishment
Message from the Council received and read requesting concurrence in the following resolution:
That the Legislative Assembly be invited to agree to the rules and orders of the Legislative Council contained in the schedule for the constitution, powers and procedure of a Joint Standing Committee on Delegated Legislation.
Schedule
10. Joint Delegated Legislation Committee
10.1 A Joint Delegated Legislation Committee is established.
10.2 The Committee consists of 8 Members, 4 of whom are appointed from each House. The Chair must be a Member of the Committee who supports the Government.
10.3 A quorum is 4 Members of whom at least one is a Member of the Council and one a Member of the Assembly.
10.4 (a) A report of the Committee is to be presented to each House by a Member of each House appointed for the purpose by the Committee.
(b) Where a notice of motion to disallow an instrument has been given in either House pursuant to recommendation of the Committee, the Committee shall present a report to both Houses in relation to that instrument prior to the House's consideration of that notice of motion. If the Committee is unable to report a majority position in regards to the instrument, the Committee shall report the contrary arguments.
10.5 Upon its publication, whether under section 41(l)(a) of the Interpretation Act 1984 or another written law, an instrument stands referred to the Committee for consideration.
10.6 In its consideration of an instrument, the Committee is to inquire whether the instrument—
(a) is within power;
(b) has no unintended effect on any person's existing rights or interests;
(c) provides an effective mechanism for the review of administrative decisions; and
(d) contains only matter that is appropriate for subsidiary legislation.
10.7 It is also a function of the Committee to inquire into and report on—
(a) any proposed or existing template, pro forma or model local law;
(b) any systemic issue identified in 2 or more instruments of subsidiary legislation; and
(c) the statutory and administrative procedures for the making of subsidiary legislation generally, but not so as to inquire into any specific proposed instrument of subsidiary legislation that has yet to be published.
10.8 The Standing Orders of the Legislative Council relating to Standing Committees will be followed as far as they can be applied.
10.9 In this order—
"instrument" means—
(a) subsidiary legislation in the form in which, and with the content it has, when it is published;
(b) an instrument, not being subsidiary legislation, that is made subject to disallowance by either House under a written law;
"subsidiary legislation" has the meaning given to it by section 5 of the Interpretation Act.
Motion
Consideration of the resolution made an order of the day for the next sitting, on motion by Mr David Michael (Leader of the House).
