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.
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:
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.