The Senate Standing Committee for the Scrutiny of Delegated Legislation has prepared guidelines to assist people working with the committee as to the committee's role and expectations. Please note that these guidelines are intended as a guide only and are not meant to be definitive.

The committee has published a 2nd edition of the Guidelines to reflect changes to standing order 23, which came into effect on 1 July 2021, following the adoption by the Senate on 16 June 2021 of the recommendations in the final report of the committee's inquiry into the exemption of delegated legislation from parliamentary oversight.

Consolidated Guidelines

Guidelines, 2nd Edition

This document contains copies of all guidelines prepared by the committee. Links to individual guidelines are provided below.

Guidelines on committee work practices

Working with the committee

This guideline provides a general overview of the committee's work practices, to assist agencies and departmental liaison officers.

Guidelines on technical scrutiny principles

The committee examines legislative instruments to assess whether they comply with the committee's non-partisan scrutiny principles. The committee's scrutiny principles are set out in Senate standing order 23(3). These guidelines provide information on the committee's approach to applying its scrutiny principles, including:

• Principle (a): compliance with legislative requirements;
• Principle (b): constitutional validity;
• Principle (c): scope of administrative powers;
• Principle (d): adequacy of consultation;
• Principle (e): drafting;
• Principle (f): access and use;
• Principle (g): adequacy of explanatory materials;
• Principle (h): personal rights and liberties;
• Principle (i): availability of independent review;
• Principle (j): matters more appropriate for parliamentary enactment;
• Principle (k): exemption and deferral from sunsetting;
• Principle (l): modification of primary legislation; and
• Principle (m): other technical scrutiny grounds.

Guidelines on matters of interest to the Senate

Matters of interest to the Senate

Senate standing order 23(4) requires the committee to scrutinise each instrument to determine whether the Senate's attention should be drawn to it on the ground that it raises significant issues, or otherwise gives rise to issues that are likely to be of interest to the Senate. This guideline provides information on the committee's approach to instruments that may raise matters of interest to the Senate.

Guidelines on instruments exempt from disallowance

Instruments exempt from disallowance

Standing order 23(4A) empowers the committee to scrutinise instruments which are exempt from disallowance to determine whether the exemption from disallowance is appropriate. This guideline provides information on the committee's approach to instruments exempt from disallowance.

Guidelines on Commonwealth expenditure

Scrutiny of Commonwealth expenditure

The Financial Framework (Supplementary Powers) Act 1997 (FF(SP) Act) and the Industry Research and Development Act 1986 (IRD Act) authorise the Commonwealth to spend public money on grants and programs specified in instruments made under those Acts. The scrutiny of such instruments is a key aspect of parliamentary scrutiny and control of Commonwealth expenditure. This guideline provides information on the committee's approach to instruments that specify grants and programs on which expenditure is authorised.