On 29 July 2019 the Parliamentary Joint Committee on Human Rights resolved to conduct a short inquiry into the Quality of Care Amendment (Minimising the Use of Restraints) Principles 2019 [F2019L00511], as part of its function of examining legislative instruments for compatibility with human rights (under section 7(a) of the Human Rights (Parliamentary Scrutiny) Act 2011).
The committee received correspondence on this legislative instrument from Human Rights Watch and the Office of the Public Advocate (Victoria) asking it to consider a number of human rights concerns in relation to the instrument.
The committee held a one day public hearing in Sydney on Tuesday 20 August in relation to the instrument. Following the hearing the committee sought further information from the Department. On 10 September 2019 the Department responded.
The disallowance procedure is the primary mechanism by which the Parliament may exercise control over delegated legislation. As the committee has not yet finalised its inquiry into the instrument, the committee has resolved to place a protective notice of motion to disallow the instrument, to extend the disallowance period by a further 15 sitting days in order to protect parliamentary control over the instrument pending completion of the committee's inquiry.