Committee's scrutiny principles
On 27 November 2019 the Senate agreed to amend Senate standing orders 23(3) and 23(4). The amendments clarify the scope of the committee’s scrutiny principles and provide clearer guidance to senators, ministers and departmental officials as to the committee’s role and expectations. As the amendments took effect on 4 December 2019, the committee will scrutinise all instruments registered on or after that date in accordance with its new principles.
Following the amendments to the standing orders, the committee examines each legislative instrument subject to disallowance, disapproval or affirmative resolution of the Senate, as to whether:
(a) it is in accordance with its enabling Act and otherwise complies with all legislative requirements;
(b) it appears to be supported by a constitutional head of legislative power and is otherwise constitutionally valid;
(c) it makes rights, liberties, obligations or interests unduly dependent on insufficiently defined administrative powers;
(d) those likely to be affected by the instrument were adequately consulted in relation to it;
(e) its drafting is defective or unclear;
(f) it, and any document it incorporates, may be freely accessed and used;
(g) the accompanying explanatory material provides sufficient information to gain a clear understanding of the instrument;
(h) it trespasses unduly on personal rights and liberties;
(i) it unduly excludes, limits or fails to provide for independent review of decisions affecting rights, liberties, obligations or interests;
(j) it contains matters more appropriate for parliamentary enactment; and
(k) it complies with any other ground relating to the technical scrutiny of delegated legislation that the committee considers appropriate.
The committee also scrutinises each instrument to determine whether the attention of the Senate should be drawn to the instrument 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 is currently preparing new guidelines in relation to each of its scrutiny principles, and other matters relating to its role, functions and expectations. For further information, please contact the committee secretariat.
For further information, contact:
Committee Secretary
Senate Scrutiny of Delegated Legislation Committee
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia