Working with the Committee

Ministerial engagement

Where the instrument raises significant scrutiny concerns, the committee will detail its concerns to the responsible minister in its regular report to the Senate, known as the Delegated Legislation Monitor. The committee's concerns and any ministerial response received will be published on the committee's website.

Agency correspondence

The committee secretariat, acting on the committee's behalf, will often seek additional information or clarification from agencies before the committee escalates a matter to the relevant minister. In contrast to the committee's ministerial engagement, the committee will not publish the content of any correspondence received from an agency. However, the committee will publish a record of the instruments in relation to which it is engaging in its Delegated Legislation Monitor.

Timeframes for responses

Generally, a one-week timeframe is provided for agencies to respond and a two week timeframe for ministers to respond. The committee's timeframes for responses are designed to enable it to conclude its consideration of an instrument before the instrument's disallowance period expires or, in the case of instruments exempt from disallowance, to allow the committee to report to the Senate in a timely manner. Extensions of time can be requested by contacting the committee's secretariat.

If the committee is unable to conclude its consideration of a disallowable instrument before the original disallowance period expires, it will give a 'protective' notice of motion to disallow the instrument. This extends the disallowance period by another 15 sitting days from the sitting day after the notice is given. Further information about the disallowance process is included below.

Private briefings

Where appropriate, the committee may invite a minister or officials to attend a private briefing to enable the committee to further explore its scrutiny concerns. The committee has found this to be a useful process to assist it in resolving its scrutiny concerns.

Referring matters of interest to the Senate

Where appropriate, the committee may determine that an instrument should be drawn to the attention of the Senate on the ground that it raises significant issues, or otherwise gives rise to issues that are likely to be of interest to the Senate. The committee may do this in a number of ways, including reporting on the instrument in its Delegated Legislation Monitor or writing to the relevant Senate committee.

Disallowance

Disallowance is the primary mechanism by which the Parliament exercises control over delegated legislation. The disallowance process allows either House of the Parliament to veto a legislative instrument. All legislative instruments are subject to disallowance unless exempted by law.

Once a legislative instrument has been tabled in the Senate or the House of Representatives, any member of the relevant House may give a notice of motion to disallow a legislative instrument within 15 sitting days. Disallowance has the effect of repealing the legislative instrument.

As noted above, the committee will give a 'protective' notice of motion to disallow an instrument where it is unable to conclude its consideration of a disallowable instrument before the original disallowance period expires.

The committee may also give a notice of motion to disallow an instrument where it considers that the instrument raises significant, unresolved scrutiny concerns and the committee has therefore resolved to recommend to the Senate that the instrument be disallowed. In these circumstances, the committee will advise the relevant minister in writing of its recommendation and will publish a summary of its scrutiny concerns in the Delegated Legislation Monitor.

All notices of motion to disallow are recorded on the Disallowance Alert.

For more information on the disallowance process see Odgers' Australian Senate Practice and Guide to Senate Procedure No. 19 - Disallowance.

Undertakings

The committee may ask the responsible minister or agency to make an undertaking to address the committee's scrutiny concerns. For example, the committee may ask the minister or agency to amend an instrument or an explanatory statement.

The Index of Undertakings, published on the committee's website, lists all outstanding undertakings and undertakings that the committee is aware have been implemented since the tabling of the previous Monitor. To ensure that the index is accurate, please notify the committee secretariat when an undertaking has been implemented (for example, when an amending instrument or replacement explanatory statement has been registered).

The committee expects that undertakings will be implemented in a timely manner.

Contact details

If you have any questions, please do not hesitate to contact the committee secretariat by phone on (02) 6277 3066 or by email to sdlc.sen@aph.gov.au. Further information is available on the committee's website.

Agency and ministerial responses should also be sent by email to sdlc.sen@aph.gov.au.

Ministerial responses should be signed by the relevant minister and addressed to:

Chair
Senate Scrutiny of Delegated Legislation Committee
Suite S1.111
Parliament House
CANBERRA ACT 2600