The committee 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 is currently updating 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, 1st 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
Following its inquiry into parliamentary scrutiny of delegated legislation, the committee resolved to implement new work practices. This guideline provides a general overview of the committee's new work practices, to assist agencies and departmental liaison officers.
Guidelines on technical scrutiny principles
The committee examines the technical qualities of all instruments subject to disallowance, disapproval or affirmative resolution by the Senate, and assesses 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 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.
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 Senate Scrutiny of Delegated Legislation Committee's approach to instruments that may raise matters of interest to the Senate.