House of Representatives Committees

| House of Representatives Standing Committee on Procedure

Footnotes

Chapter 1 The effectiveness of reforms to the House committee system

[1] Standing Committee on Procedure, Ten years on: A review of the House of Representatives committee system, May 1998, Parliamentary Paper No. 91/98. Available online at: <http://aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=proc/reports/comsys/index.htm>. The Government implemented many of the Committee’s recommendations, including a reorganisation of the standing orders governing committees; a reduction in the membership of general purpose standing committees from 14 to 10 (or in one case—12); and a greater consistency of powers and procedures between committees.

[2] Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, 21 June 2010, Parliamentary Paper No. 144/2010. Available online at: <http://www.aph.gov.au/Parliamentary_Business/Committees/
House_of_Representatives_Committees?url=proc/committees2/report.htm>.

[3] H.R. Deb. (29.9.10) 116–143.

[4] The number of general purpose House standing committees was reduced from twelve to nine while the permanent membership was reduced from ten to seven (or eight where a non-aligned member is appointed to a committee). See standing orders 215(a) and 215(d), H.R. Standing and Sessional Orders, 20 October 2010.

[5] Supplementary membership increased from a maximum of two members to a maximum of four members. Standing order 215(d), 20 October 2010.

[6] Standing order 39(a), 20 October 2010.

[7] Resolution adopted 29 September 2010. See standing orders, 20 October 2010, p. 126.

[8] Standing order 222(a)(iii), 20 October 2010.

[9] Standing Committee on Procedure, Interim report: Monitoring and review of procedural changes implemented in the 43^rd Parliament, 22 May 2011, Parliamentary Paper No. 116/2011. Available online at: <http://www.aph.gov.au/Parliamentary_Business/Committees/
House_of_Representatives_Committees?url=proc/proceduralchanges/report1.htm>.

[10] Standing Committee on Procedure, Interim report no. 2: Monitoring and review of procedural changes implemented in the 43rd Parliament – Referral of bills to committees by the House Selection Committee, 4 July 2011, Parliamentary Paper No. 175/2011. Available online at: <http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=proc/proceduralchanges/report2.htm>. The report examined new standing order 222(a)(iii), agreed by the House on 29 September 2010.

[11] See House of Representatives Practice, 5^th ed., p. 628, which notes that this practice is based on that of the United Kingdom whereby joint committees follow House of Lords select committee procedures when such procedures differ from those of Commons select committees.

[12] Standing order 215(a), 20 October 2010.

[13] Standing order 215(d), 20 October 2010. Note: where a non-aligned Member is appointed to a general purpose standing committee, standing order 215(d) provides that committee membership consist of eight members—four government members, three non-government members and one non-aligned member.

[14] Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, 21 June 2010, Parliamentary Paper No. 144/2010, p. 68.

[15] See Table 1.1, p. 6.

[16] Eligible Members include shadow spokespersons, but exclude Ministers, Parliamentary Secretaries, the Leader of the Opposition, the Speaker and Deputy Speaker. See standing order 230, 20 October 2010 and House of Representatives Practice, 5^th ed., pp. 635–37.

[17] Excludes membership on the three select committees which have been dissolved as at 25 November 2011 (see Table 1.1).

[18] Standing order 215(d), 20 October 2010.

[19] Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, 21 June 2010, Parliamentary Paper No. 144/2010, p. 72.

[20] Standing order 215(d), 20 October 2010.

[21] Standing order 229(c), 20 October 2010.

[22] Standing order 215(d), 20 October 2010.

[23] Standing order 39(a), 20 October 2010.

[24] Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, June 2010, Recommendation 7, Parliamentary Paper No. 144/2010, p. 53.

[25] H.R. Deb. (28.2.11) 1528.

[26] H.R. Deb. (28.2.11) 1521–1523.

[27] H.R. Deb. (28.2.11) 1528–1529.

[28] H.R. Deb. (22.11.10) 3114–3117.

[29] H.R. Deb. (28.2.11) 1525–1528.

[30] H.R. Deb. (23.5.11) 3994.

[31] Resolution adopted 29 September 2010.

[32] House of Representatives Practice, 5^th ed., pp 689–90.

[33] See report register for data on timeliness of responses. Available online at: <http://www.aph.gov.au/Parliamentary_Business/Committees/
House_of_Representatives_Committees?url=report_register/index.htm>.

[34] Agreement for a Better Parliament: Parliamentary Reform, clause 10.5, p. 6. This proposal was implemented in SOs 143(b) and 222(a)(iii), Standing Orders, 20 October 2010.

[35] Standing Committee on Procedure, Interim report no. 2: Monitoring and review of procedural changes implemented in the 43^rd Parliament – Referral of bills to committees by the House Selection Committee, 4 July 2011. The Committee recommended that a majority decision of the Selection Committee be required to refer a bill and that the Committee provide reasons for referral of bills.

[36] Includes one bill—the Wild Rivers (Environmental Management) Bill 2011—which was referred separately to the Standing Committee on Agriculture, Resources, Fisheries and Forestry and the Standing Committee on Social Policy and Legal Affairs.

[37] Additionally, two exposure drafts of bills were examined by the Standing Committee on Legal and Constitutional Affairs during the period.

[38] H.R. Deb. (16.8.2011) 8175.

[39] H.R. Deb. (18.8.2011) 8548–49.

[40] H.R. Deb. (22.8.2011) 8738.

[41] H.R. Deb. (21.11.2011) 12912–13.

[42] H.R. Deb. (22.11.2011) 13310–11.

[43] H.R. Deb. (16.8.2011) 8177.

[44] H.R. Deb. (22.8.2011) 8738.

[45] While there have been 68 referrals to committees by the Selection Committee, the Wild Rivers (Environmental Management) Bill 2011—was referred separately to both the Standing Committee on Agriculture, Resources, Fisheries and Forestry and the Standing Committee on Social Policy and Legal Affairs.

[46] 317 bills have been introduced in the House in the 43^rd Parliament, however there were 17 bills which, at the time of the Selection Committee first meeting to consider referrals, had either passed the House or the second reading debate had resumed and thus the Selection Committee was not able to make a determination to refer.

[47] Examples of reports which have made administrative recommendations include Standing Committee on Economics, Advisory Report on the Taxation of Alternative Fuels Bills 2011, May 2011, Parliamentary Paper No. 127/2011; and Standing Committee on Education and Employment, Advisory report on the Social Security Legislation Amendment (Job Seeker Compliance) Bill 2011, May 2011, Parliamentary Paper No. 104/2011.

[48] See the Hon Bill Shorten MP’s comments, H.R. Deb. (22.6.2011) 6881, i.e.: ‘…we have listened to the stakeholders and agreed with the House of Representatives Standing Committee on Economics recommendation that the commencement date for the obligation to provide a home loan key facts sheet be moved to 1 January next year.’ Amendment moved at p. 6881.

[49] See the Hon Kate Ellis MP’s comments, H.R. Deb (11.5.2011) 3647, i.e.: ‘the (House Standing Committee on Education and Employment) makes one specific recommendation regarding this legislation—that is, that we remove the word ‘special’ from the proposed subsection 42UA, where it is used to describe a situation in which a job seeker would not be expected to give prior notice of their inability to attend an appointment. Following discussions with the opposition… the government has no objection to this recommendation.’ Amendment moved at p. 3648.

[50] See amendments moved and the Hon Martin Ferguson MP’s comments, H.R. Deb (6.6.2011) 7739–7740, i.e. ‘…in moving these amendments, the Australian government is responding to a recommendation of the House Standing Committee on Agriculture, Resources, Fisheries and Forestry. The committee has recommended replacing the functions of the designated authority in the Offshore Petroleum (Royalty) Act 2006 with the responsible state minister.’

[51] H.R. Deb. (24.8.2011) 9153.

[52] Excludes the inquiry into the Wild Rivers (Environmental Management) Bill 2010 (176 days) which considered the bill as part of a broader inquiry into indigenous economic development in Queensland; and the inquiry into the Competition and Consumer (Price Signalling) Amendment Bill 2010 and Competition and Consumer Amendment Bill (No. 1) 2011 (210 days) which were referred almost six months apart, but considered together. Also excludes the inquiry into the Family Law Legislation Amendment (Family Violence and Other Measures) Bill 2011, which reported one day after the bill was referred, advising that the Committee would not be further inquiring into the bill.

[53] H.R. Deb. (14.6.2011) 5878.

[54] New Zealand Parliament website, accessed 12 October 2011, available: <http://www.parliament.nz/en-NZ/AboutParl/HowPWorks/FactSheets/>.

[55] The Scottish Parliament, How the Scottish Parliament Works, p. 18, accessed 10 October 2011, available: <http://www.scottish.parliament.uk/PublicInformationdocuments/HTSPW11-180711.pdf>.

[56] Standing order 238, 20 October 2010.

[57] Senate Standing order 40(1).

[58] House of Representatives, Votes and Proceedings No. 83, 30 June 1994, p. 1165.

[59] Journals of the Senate, No. 82, 12 May 1994.

[60] House of Representatives Standing Committee on Legal and Constitutional Affairs, The third paragraph of section 53 of the Constitution, November 1995, pp. 2–3.

[61] Standing order 215(b), 20 October 2010.

[62] The Committee was established under a resolution of appointment passed by the House of Representatives on 14 September 2011 and the Senate on 15 September 2011.

[63] See Journals of the Senate, No. 7, 28 October 2010, p. 240; and Journals of the Senate, No. 34, 20 June 2011, p. 1037. Note: the resolution of appointment for the Joint Select Committee on Gambling Reform directs the committee to inquire into and report on ‘any gambling-related legislation that has been tabled in either House, either as a first reading or exposure draft,’ Journals of the Senate, No. 3, 30 September 2010, p. 141.

[64] Standing Committee on Procedure, Building a modern committee system: An inquiry into the effectiveness of the House committee system, June 2010, Recommendation 7, Parliamentary Paper No. 144/2010, p. 33.

[65] HBA Consulting, House of Representatives Committee Office Review of Staffing, March 2011, pp. 37–38.

[66] Department of the House of Representatives, Annual Report 2010–11, pp. 36–37.

[67] See Speaker’s schedule of outstanding government responses to reports of House of Representatives and joint committees. Available online: <http://www.aph.gov.au/
Parliamentary_Business/Committees/House_of_Representatives_Committees?url=info/govresp.htm>, accessed 6 February 2012.

[68] For example, the Speaker’s schedule of outstanding government responses indicates that in the case of the Joint Committee of Public Accounts and Audit’s Report 418: Review of Auditor‑General’s Reports Nos. 04 to 38 (2009/10), the Committee had received a partial response, but had given until the end of the calendar year for the full government response.

[69] See, for example, House Standing Committee on Social Policy and Legal Affairs, Advisory report: Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Bill 2011, September 2011, p. 4.

[70] A list of previous Procedure Committee recommendations in the 43^rd Parliament is at Appendix A.