Annual Review 2000 - Table of Contents Scrutiny of Acts and Regulations Committee Annual Review 2000 February 2001 Table of Contents Chair's Overview Extracts from the Proceedings Annual Review 2000 Appendix 1 Index of Bills and Acts Reported in 2000 Appendix 2 Index of Bills Reported in 1999 Appendix 3 Bills Introduced in 2000 Affecting the Jurisdiction of the Supreme Court Appendix 4 Bills introduced in 1999 Affecting the Jurisdiction of the Supreme Court Appendix 5 Index of Acts Reported in 2000 Appendix 6 Ministerial Correspondence 2000 Appendix 7 Statutory Rules 1999 Appendix 8 Statutory Rules 2000 Scrutiny of Acts and Regulations Committee Last Updated 16/3/2000 ©Parliament of Victoria http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/AR7toc.htm [20/03/2002 12:40:31] Annual Review 2000 - Chair's Overview Annual Review 2000 Chair’s Overview I am pleased to introduce the Committee’s Annual Review for 2000. When I was chosen to serve as the Chair of the Scrutiny of Acts and Regulations Committee in December 1999, the Committee’s Senior Legal Adviser reminded me of one of his favorite quotations – The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime, and the punishment of his guilt. John Curran, 1750-1817 I am indebted for this appropriate and timely reminder. This review concerns the scrutiny of Bills introduced in the spring 1999 session and during 2000 and also briefly outlines the other work of the Committee. The Committee’s strength lies not so much in any inherent powers it may possess, as its functions are principally advisory in nature, but rather they lie in its ability to alert, caution and advise the Parliament in relation to certain undesirable legislative practices. It is the very process of independent scrutiny and the prospect of adverse comment that ensures that such practices are eliminated or where their application is unavoidable or desirable, the necessity for their use is adequately explained by the Executive to the Parliament and placed on the public record. In that respect there is more than anecdotal evidence that the Committee plays a useful role as a Parliamentary adviser. During 2000 the Committee continued its fine tradition of bipartisan work within its terms of reference. I take this opportunity to thank my Committee colleagues for their professionalism and co-operation during the year. The Committee is fortunate to have a dedicated and professional team of legal advisers and support staff, and I take this opportunity to thank our Senior Legal Adviser Andrew Homer for effectively leading the team during 2000. Ms Mary Gillett MLA http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Chair'sover.htm (1 of 2) [20/03/2002 12:42:29] Annual Review 2000 - Chair's Overview Chair Scrutiny of Acts and Regulations Committee Scrutiny of Acts and Regulations Committee Last Updated 16/3/2000 ©Parliament of Victoria http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Chair'sover.htm (2 of 2) [20/03/2002 12:42:29] Annual Review 2000 - Extracts from the Proceedings Annual Review 2000 Extracts from the Proceedings EXTRACTED FROM THE MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL TUESDAY, 14 DECEMBER 1999 26 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — By leave, the Honourable M.R. Thomson moved, by leave, That the Honourables M.A. Birrell, M.T. Luckins, J. Mikakos and C.A. Strong be members of the Scrutiny of Acts and Regulations Committee. Question — put and resolved in the affirmative. ______________________________________ EXTRACTED FROM THE VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY TUESDAY, 14 DECEMBER 1999 8 JOINT INVESTIGATORY COMMITTEES — Motion made, by leave, and question — That — http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Extracts.htm (1 of 2) [20/03/2002 12:43:01] Annual Review 2000 - Extracts from the Proceedings (g) Ms Gillett, Mr Carli, Ms Beattie, Mr Robinson and Mr Dixon be members of the Scrutiny of Acts and Regulations Committee. (Mr Batchelor) — put, after debate, and agreed to. ______________________________________ Scrutiny of Acts and Regulations Committee Last Updated 11/4/2000 ©Parliament of Victoria http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Extracts.htm (2 of 2) [20/03/2002 12:43:01] Annual Review 2000 Report Scrutiny of Acts and Regulations Committee Annual Review 2000 Introduction The Committee By section 4(b) of the Parliamentary Committees Act 1968 (‘the Act’) the Scrutiny of Acts and Regulations Committee (‘the Committee’) is established as one of five Joint House Committees of the Victorian Parliament. This report provides a brief summary of the Committee’s scrutiny of Bills during the spring 1999 session of Parliament and the autumn and spring sessions of 2000. Brief History of the Committee The Committee was established in November 1992 at the beginning of the 52nd Parliament and Mr Victor Perton MLA (Lib-Doncaster) became the Committee’s first Chairman. Following the March 1996 State election the Committee was reconstituted for the 53rd Parliament with Mr Peter Ryan MLA (NP- Gippsland South) as Chairman. The 53rd Parliament was dissolved in August 1999. The Committee of the 54th Parliament was reconstituted on 15 December 1999 with Ms Mary Gillett MLA (ALP-Werribee) elected Chair of the Committee. Committee composition and membership Pursuant to section 4B of the Act the Committee must be composed of not more than nine members. At least two must be members of the Legislative Council and two must be members of the Legislative Assembly. The Committee of the 54th Parliament formed on 15 December 1999 consists of nine members. Five members are from the Legislative Assembly and four members are from the Legislative Council. As in the two previous Committees, five of the nine members are from the Government and four are from the Opposition. Current Members The members of the Committee of the 54th Parliament are – ● Ms Mary Gillett MLA (ALP – Werribee), Chair; ● The Honourable Maree Luckins MLC (Lib – Waverley), Deputy Chair; http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Annual%20Review.htm (1 of 10) [20/03/2002 12:43:47] Annual Review 2000 Report ● Mrs Liz Beattie MLA (ALP – Tullamarine); ● The Honourable Mark Birrell MLC (Lib – East Yarra); ● Mr Carlo Carli MLA (ALP – Coburg); ● Mr. Martin Dixon MLA (Lib – Dromana); ● The Honourable Jenny Mikakos MLC (ALP – Jika Jika)[i]; ● Mr Tony Robinson MLA (ALP – Mitcham); and ● The Honourable Chris Strong MLC (Lib – Higinbotham)[ii]. Secretariat The Committee secretariat is located on level 8, 35 Spring Street Melbourne. The secretariat staff comprises an Executive Officer (Senior Legal Adviser) and a small team of legal and support staff. Secretariat staff as at 31 December 2000 were – Mr Andrew Homer, Senior Legal Adviser Ms Jenny Baker, Legal Adviser (Regulations) Ms Marilyn Baldwin, Legal Adviser (Redundant Legislation) Ms Karla Bastomsky, Legal Adviser (Parliamentary Committees) Mr Simon Dinsbergs, Assistant Executive Officer Mr Richard Kings, Office Manager The Committee’s Website address is – www.parliament.vic.gov.au/sarc Role of the Committee The Committee: ● prepares periodical reports called Alert Digests concerning Bills introduced during Parliamentary sessions; ● seeks clarification from Ministers, departments or government agencies on provisions contained in Bills and statutory rules that concern the Committee within its terms of reference; ● reviews all statutory rules and some other statutory instruments; ● conducts inquiries, including calling for public submissions and conducting public hearings, on matters referred to the Committee for investigation; ● provides information to Members, organisations and the public concerning the Committees functions and activities. http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Annual%20Review.htm (2 of 10) [20/03/2002 12:43:47] Annual Review 2000 Report The Committee’s work during 2000 The Committee’s work during 2000 fell into four main categories – ● Scrutiny of Bills[iii] introduced into Parliament; ● Scrutiny of subordinate legislation[iv] (statutory rules) and specified directives and other instruments. (Refer: Parliamentary Committee Act 1968, section 4D(c) and (ca), Subordinate Legislation Act 1994, section 21 and the Public Sector Management and Employment Act 1998 section 40(2)); ● Review of redundant, ambiguous or unclear legislation. This function is performed pursuant to an ongoing standing instruction to the Committee first vested in the Committee in May 1994 by a Governor in Council Reference. The Reference has been renewed at the commencement of each Parliament and continues unless revoked by Governor in Council Order. (Refer: Governor in Council Order 12 May 1994 – Victorian Government Gazette (G.19), Page 1153, May 1994); and ● Review of other legislation that are, from time to time, referred to the Committee by a resolution of either the Legislative Council or the Legislative Assembly[v] or by a Minister through an Order of the Governor in Council published in the Government Gazette[vi]. References from Parliament In February 2000 Parliament referred the following inquiries to the Committee – 1. Parliamentary Committees Act 1968. The Committee formed a subcommittee of 4 members to commence a review of the Act with the view of recommending a clearer and improved Act. The Subcommittee worked with Ms Karla Bastomsky seconded from the Office of the Chief Parliamentary Counsel to prepare a draft revised Act. Stage 2 of the review will involve a comparative analysis of other parliamentary committee systems with a view to making recommendations for an improved committee system. 2. Summary Offences Act 1966. 3. Vagrancy Act 1966. References by Order of Governor in Council Further, in September 2000 the Committee was referred an inquiry by Order of Governor in Council from the Minister for State and Regional Development to recommend to Parliament a privacy code of conduct for Members of Parliament.