Recommendations
Chapter 3
Reporting during non-sitting periods
Recommendation 1
3.35 That the
committee should consider and publish its comments during
non-sitting periods in appropriate cases.
Chapter 4
Notifying the Senate of a failure to respond to the
committee
Recommendation 2
4.11 That the
committee should, in appropriate cases, after a reasonable period of time and
after advising the relevant minister of its intention, notify the Senate of any
instance of a failure to respond to a request for information relevant to
Senate standing order 24(1).
Recommendation 3
4.12 That Senate
standing order 24(1) be amended to confirm that the committee should take the
action described in the preceding recommendation.
Permanent inquiry powers
Recommendation 4
4.22 That Senate
standing order 24 be amended to provide the committee with permanent public
inquiry powers in line with the relevant paragraphs of Senate standing order 25
relating to legislative and general purpose standing committees.
Technical amendment relating to 'provisions of bills'
Recommendation 5
4.29 That Senate
standing order 24(1)(a) is amended to include a reference to the committee
reporting in respect of the 'provisions of bills introduced in the Parliament'.
General committee powers
Recommendation 6
4.31 That Senate
standing order 24 be amended to provide that the Scrutiny of Bills Committee
deputy chair is elected rather than appointed (in line with Senate standing
order paragraphs 25(9)(a) and 25(9)(b)).
Recommendation 7
4.32 That Senate standing
order 24 be amended in line with Senate standing orders 25(16) in relation to
printing and 25(19) in relation to broadcasting.
Chapter 5
Framework bills
Recommendation 8
5.15 That Senate
standing order 24 be amended to specifically include the scrutiny of bills
which excessively rely on delegated legislation for their operation.
Recommendation 9
5.16 That Scrutiny of
Bills Committee develops guidelines in relation to the appropriate level of
detail required in primary legislation.
Recommendation 10
5.27 That the Senate
Committee for the Scrutiny of Bills and the Regulations and Ordinances
Committee consider issues relating to the scrutiny of delegated legislation
discussed in this report, including the scrutiny of draft delegated
legislation, to develop a response to these matters.
Chapter 6
Uniform (or national scheme) legislation
Recommendation 11
6.18 The committee
recommends that where there is a proposal for uniform legislation, amendments
to uniform legislation or delegated legislation and the nature of the proposal
means that the ability of the Senate and its committees to effectively
scrutinise ad amend the relevant proposal is limited, exposure drafts should be
provided as soon as practicable to this committee, the relevant legislative and
general purpose standing committee, and the Senate Regulations and Ordinances
Committee if the proposal includes delegated legislation. All relevant
information about the proposal, including any formal agreements or
correspondence should also be provided to the committees to assist in their
consideration of the exposure drafts.
Recommendation 12
6.19 That standing
order 24 be examined to confirm whether the Scrutiny of Bills Committee is
empowered to consider, advise and report on exposure drafts and associated
information and, if it is not, that standing order 24 be amended to allow the
committee to do so.
Chapter 7
Comments on bills
Recommendation 13
7.11 That the Senate
refers to the Procedure Committee the Scrutiny of Bills committee's request
that standing order 24 be amended to provide that the committee's comments on
bills stand referred to legislation committees inquiring into those bills.
Scrutiny resources
Recommendation 14
7.25 That the
committee develop checklists, guidelines and other supporting documents as
appropriate and continues to implement improvements to its use of technology in
raising awareness of the committee's work.
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