TABLE OF CONTENTS
MEMBERS OF THE COMMITTEE
Preface
CHAPTER 1. A PROFILE OF THE COMMITTEE
Functions of the Committee
Powers and Structure of the Committe
Machinery of Scrutiny
History of the Committee's Establishment
Change to the Operation of the Committee
The Committee's Legal Adviser
The Five Criteria - Standing Order 24(1)(a)
CHAPTER 2. UNDUE TRESPASS ON PERSONAL RIGHTS AND
LIBERTIES
Overview of application of criterion set out in Standing Order 24
(1)(a)(1)
(a) Retrospectivity
Cases Where the Issue of Retrospectivity Arose
(b) Legislation by Press Release
Cases Where the Issue of Legislation by Press Release Arose
(c) Abrogation of the Privilege Against Self-Incrimination
Cases Where the Issue Arose
(d) Reversal of the Onus of Proof
(e) Strict Liability Offences
(f) Powers of Search and Seizure Without Warrant
(g) Taking Away Professional Privilege
(h) Oppressive Powers over Vulnerable People
(i) The People's Right to Obtain Information from the Executive
through Parliament
CHAPTER 3. UNDUE DEPENDENCE UPON INSUFFICIENTLY
DEFINED ADMINISTRATIVE POWERS
Application of criterion set out in Standing Order 24 (1)(a)(ii)
(a) Ill-defined and Wide Powers
(b) Delegation of Power to 'a Person'
(c) Notification of Appeal Rights
CHAPTER 4. UNDUE DEPENDENCE UPON NON-REVIEWABLE
DECISIONS
Application of criterion set out in Standing Order 24 (1)(a)(iii)
(a) Review on the Merits
(b) Judicial Review
CHAPTER 5. INAPPROPRIATE DELEGATION OF LEGISLATIVE
POWER
Threshold question: Is it legislative power that is delegated?
Application of criterion set out in Standing Order 24 1(a)(iv)
(a) 'Henry VIII' Clauses
(b) Determination of Important Matters by Regulations
(c) Setting the Rate of a 'Levy' by Regulation
(d) Commencement by Proclamation - Office of Parliamentary Counsel
Drafting Instruction No. 2 of 1989
CHAPTER 6. PARLIAMENTARY SCRUTINY OF THE EXERCISE
OF LEGISLATIVE POWER
Application of criterion set out in Standing Order 24 (1)(a)(v)
(a) Not Tabled or not Subject to Disallowance
(b) Insufficient Time
(c) Quasi-Legislation
APPENDICES
APPENDIX I Committee Support
APPENDIX II Statistics
APPENDIX III Bills commented on in Alert Digests and reported
upon during 37th Parliament
MEMBERS OF THE COMMITTEE DURING THE 37TH PARLIAMENT
Senator the Honourable M Tate (Chairman) [1]
Senator M Colston (Chairman) [2]
Senator J Troeth (Chairman) [3]
Senator the Honourable A Vanstone (Deputy Chairman) [4]
Senator M Forshaw (Deputy Chairman) [5]
Senator the Honourable M Beahan [6]
Senator R Bell [7]
Senator K Carr [8]
Senator B Cooney [9]
Senator C Ellison [10]
Senator J Tierney [11]
Preface
This report discusses the work of the Senate Standing Committee for the
Scrutiny of Bills during the 37th Parliament. It gives an account of the
operation of the Committee during that period, including examples of the
kinds of issues that arose under each of the five criteria against which
the Committee tests the legislation with which it deals.
Footnotes
[1] Appointed 19 May 1993. Elected Chairman
20 May 1993. Resigned from Senate 5 July 1993.
[2] Appointed 2 August 1993. Elected Chairman
18 August 1993. Ceased to be Chairman by reason of change of Standing
Orders 10 October 1994.
[3] Appointed 17 August 1993. Elected Chairman
12 October 1994.
[4] First appointed 11 May 1990. Deputy Chair
12 September 1990 - 22 September 1994. Discharged 22 September 1994.
[5] Appointed 12 May 1994. Appointed Deputy
Chairman 12 October 1994.
[6] Appointed 18 May 1993. Discharged 19 May
1993.
[7] First appointed 19 August 1992.
[8] Appointed 18 May 1993. Discharged 12 May
1994.
[9] First appointed 26 February 1985. Chairman
7 October 1987 - 2 May 1993.
[10] Appointed 22 September 1994.
[11] First appointed 1 June 1992. Discharged
17 August 1993.