Guidelines on the Committee’s application of its Principles
The general requirements of personal rights and parliamentary propriety
under which the Committee operates are refined by the Standing Orders
into four principles. The following is a general guide to the manner in
which the Committee interprets the principles.
Principle A – is delegated legislation in accordance with the
statute?
- Must be in accordance with the parent Act
- Must not be contrary to the ‘spirit’ of the authorising
legislation
- Sub-delegated legislation must be subject to tabling/disallowance
- Must have certainty of meaning and operation
- Must not be ultra vires or beyond the authority delegated.
Principle B – does delegated legislation trespass unduly on personal
rights and liberties?
- Must not lessen the operation of provisions protecting human rights
- Sensitivity must be shown in relation to personal matters
- Privacy must be protected
- Property rights, if interfered with, must be adequately protected
- Excessive fees or penalties should be avoided
- Criminal offences should normally provide a defence of reasonable
excuse
- Onus of proof should normally be on the Prosecutor
- Retrospectivity should not disadvantage any one except the Commonwealth.
Principle C – does delegated legislation make rights unduly dependent
on administrative decisions which are not subject to independent review
of their merits?
- Concern about delegated legislation affecting the right to practice
a trade or profession or to carry on a business or otherwise affecting
livelihood
- Decision making criteria should be objectively formulated
- Express statement required that power must be exercised reasonably
- Review on merits by independent body should be provided
- Decision should be notified within 28 days
- Note of appeal rights and availability of statement of reasons for
decision should be given to affected person.
Principle D – does the delegated legislation contain matters
more appropriate for parliamentary enactment?
- Legislation which fundamentally changes the law
- Legislation which is lengthy and complex
- Legislation which intended to bring about radical changes in relationships
or community attitudes
- Legislation which is part of a uniform laws scheme.
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