Scrutiny of National Schemes of Legislation

TABLE OF CONTENTS

FOREWORD
GLOSSARY

 1. PARLIAMENTARY COMMITTEES SCRUTINISING DELEGATED AND PRIMARY LEGISLATION

THE ESTABLISHMENT OF SCRUTINY COMMITTEES IN AUSTRALIA
SCRUTINY COMMITTEES AND NATIONAL SCHEMES OF LEGISLATION
Role of scrutiny committees

2. THE INSTITUTION OF PARLIAMENT AND NATIONAL SCHEMES OF LEGISLATION

BACKGROUND
THE ROLE OF PARLIAMENT AS LAWMAKER
THE ROLE OF PARLIAMENT AND THE EXECUTIVE
PARLIAMENT AS A SYMBOL OF DEMOCRACY
THE ROLE OF THE PARLIAMENT IN THE NATIONAL SCHEME LAWMAKING PROCESS
BALANCING THE BENEFITS OF NATIONAL SCHEMES OF LEGISLATION WITH THE IMPORTANCE OF THE      INSTITUTION OF PARLIAMENT
ISSUES - SOLUTIONS

3. UNIFORM LEGISLATION - TABLING OF EXpospapURE DRAFTS (PROpospapAL 3 OF DISCUSSION PAPER)

BACKGROUND
THE DISCUSSION PAPER - PROpospapAL 3
SUBMISSIONS
General support for bringing national schemes of legislation before the Parliament
Policy considerations
Tabling of expospapure drafts appropriate?
Option 2 preferred
A flexible approach recommended
ANALYSIS OF SUBMISSIONS
CONCLUSION AND pospapITION ADOPTED

4. UNIFORM TERMS OF REFERENCE FOR THE SCRUTINY OF PRIMARY NATIONAL SCHEME LEGISLATION (PROpospapAL 2 OF DISCUSSION PAPER)

THE DISCUSSION PAPER - PROpospapAL 2
SUBMISSIONS
Emphasise scrutiny role
Additional terms of reference suggested
Non-reviewable decisions
Identification of problems
Cost-benefit analysis for primary legislation
Henry VIII clauses
ANALYSIS OF SUBMISSIONS
Emphasise scrutiny role
Additional terms of reference suggested
Non-reviewable decisions
Identification of problems
Cost-benefit analysis for primary legislation
Henry VIII clauses
CONCLUSION AND pospapITION ADOPTED

5. UNIFORM TERMS OF REFERENCE FOR THE SCRUTINY OF NATIONAL SCHEME SUBORDINATE LEGISLATION (PROpospapAL 1 OF DISCUSSION PAPER)

THE DISCUSSION PAPER - PROpospapAL 1
SUBMISSIONS
Non-reviewable decisions
Accommodation of separate terms of reference
Terms of reference not to be limited to ‘subordinate legislation’ only
Regulatory impact statements
Review of policy?
RISs to extend to environmental impact?
RISs for a specified category of subordinate legislation only?
Acceptance of COAG guidelines?
ANALYSIS OF SUBMISSIONS
Non-reviewable decisions
Accommodation of separate terms of reference
Terms of reference not to be limited to ‘subordinate legislation’ only
Regulatory impact statements
Review of policy?
RISs to extend to environmental impact?
RISs for a specified category of subordinate legislation only?
Acceptance of COAG guidelines?
CONCLUSION AND pospapITION ADOPTED

6. IMPLEMENTATION OF UNIFORM SCRUTINY PRINCIPLES

BACKGROUND
OBJECTIVES EMBRACED BY INITIATIVE
CONCERNS EXPRESSED IN SUBMISSIONS
Delays to the existing process should be minimised
Duplication would be wasteful and should be avoided
Should the propospaped legislation or agreements by Ministerial
Councils be tabled in Parliament to expospape them to general
examination within that forum, and at what stage should this take place?
Recognition of different methods of achieving nationalschemes of legislation
OPTIONS PROpospapED FOR THE IMPLEMENTATION OF THE UNIFORM SCRUTINY PRINCIPLES

OPTION NO. 1 NATIONAL COMMITTEE FOR THE SCRUTINY OF NATIONAL SCHEMES OF LEGISLATION

TIMETABLE

OPTION NO. 2 CHANGE OF STANDING ORDERS

ANNEXE 1 Legislative Structures

ANNEXE 2 The Discussion Paper’s Propospapals

ANNEXE 3 Extract from COAG Guidelines

ANNEXE 4 List of submissions received in relation to national schemes of legislation

ANNEXE 5 Scrutiny Committees in Australia