About the committee
The Scrutiny of Bills Committee assesses bills against a set of accountability standards that focus on the effect of proposed legislation on individual rights, liberties and obligations, and on parliamentary scrutiny.
The scope of the committee's scrutiny function is formally defined by Senate standing order 24, which requires the committee to scrutinise each bill introduced into the Parliament in relation to:
- whether the bill unduly trespasses on personal rights and liberties;
- whether administrative powers are defined with sufficient precision;
- whether appropriate review of decisions is available;
- whether any delegation of legislative powers is appropriate; and
- whether the exercise of legislative powers is subject to sufficient parliamentary scrutiny.
The committee may also assess Acts of Parliament against its scrutiny principles.
Committee practices
The committee's long-standing approach is that it operates on a non-partisan and consensual basis to consider whether a bill complies with the five scrutiny principles. In cases where the committee has scrutiny concerns in relation to a bill the committee will often correspond with the responsible minister seeking further explanation or clarification of the matter. If the committee has not completed its inquiry into a bill due to a failure of a minister to respond to the committee’s concerns, standing order 24 enables any senator to ask the responsible minister for an explanation in the Chamber as to why the committee has not received a response.
It is the committee's usual practice to table a Scrutiny Digest each sitting week of the Senate. The Digest contains the committee's scrutiny comments in relation to bills introduced in the previous sitting week and certain amendments to bills. The Digest also contains the committee's comments on ministerial responses received in relation to bills the committee has previously considered. The Digest is generally tabled in the Senate on the Wednesday afternoon of each sitting week and is available online after tabling. A searchable list of the committee’s assessment of this legislation is also published on the committee’s bill assessments page.
Alongside the Senate Scrutiny of Delegated Legislation Committee, the committee also publishes Scrutiny News, a newsletter intended to highlight key aspects of the committee's work, including information relating to bills that are currently under consideration by the Parliament.
The committee occasionally also undertakes private briefings and produces occasional reports on matters specifically referred by the Senate or other matters which may raise scrutiny concerns. The committee also publishes an annual report summarising its work.
Other legislative scrutiny committees
The Scrutiny of Bills Committee is one of three legislative scrutiny committees in Parliament. The committee's scrutiny functions are undertaken alongside those of the Senate Standing Committee for the Scrutiny of Delegated Legislation and the Parliamentary Joint Committee on Human Rights.