Scrutiny of National Schemes of Legislation

Position Paper by the Working Party of Representatives of Scrutiny of Legislation Committees throughout Australia

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Foreword	(HTML format)
Glossary	(HTML format)
1. Parliamentary committees scrutinising delegated and primary legislation	(HTML format)
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	(HTML format)
Background The role of Parliament as lawmaker The role of Parliament and the Executive Parliament as a symbol of democracy The role of 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 (proposal 3 of discussion paper)	(HTML format)
Background The Discussion paper - Proposal 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 proposition adopted
4. Uniform terms of reference for the scrutiny of primary national scheme legislation (proposal 2 of discussion paper)	(HTML format)
The Discussion paper - Proposal 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 proposition adopted
5. Uniform terms of reference for the scrutiny of national scheme subordinate legislation (proposal 1 of discussion paper)	(HTML format)
The Discussion paper - Proposal 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 proposition adopted
6. Implementation of uniform scrutiny principles	(HTML format)
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 proposed for the implementation of the uniform scrutinyn principles
Option no. 1 National committee for the scrutiny of national schemes of legislation	(HTML format)
Timetable
Option no. 2 Change of standing orders	(HTML format)
ANNEXE 1 Legislative Structures	(HTML format)
ANNEXE 2 The Discussion Paper’s PROPOSALs	(HTML format)
ANNEXE 3 Extract from COAG Guidelines	(HTML format)
ANNEXE 4 List of submissions received in relation to national schemes of legislation	(HTML format)
ANNEXE 5 Scrutiny Committees in Australia	(HTML format)