ACT Legislative Assembly


Standing Committee on Justice and Community Safety (Legislative Scrutiny Role)

Chair:Mrs Giulia Jones MLA
Deputy Chair:Ms Bec Cody MLA
Members:Ms Elizabeth Lee MLA
Mr Chris Steel MLA

Secretariat

Secretary:   Mr Max Kiermaier
Assistant Secretary:   Ms Anne Shannon
Contact Phone:   (02) 6095 0171
Contact Email:   scrutiny@parliament.act.gov.au
Contact Fax:   (02) 6205 3109

Role of Committee

The Committee examines all Bills and subordinate legislation presented to the Assembly. It does not make any comments on the policy aspects of the legislation. The Committee's terms of reference contain principles of scrutiny that enable it to operate in the best traditions of totally non-partisan, non-political technical scrutiny of legislation. These traditions have been adopted, without exception, by all scrutiny committees in Australia. Non-partisan, non-policy scrutiny allows the Committee to help the Assembly pass into law acts and subordinate legislation which comply with the ideals set out in its terms of reference.

Resolution of Appointment

The Standing Committee on Justice and Community Safety when performing its legislative scrutiny role shall:

  1. consider whether any instrument of a legislative nature made under an Act which is subject to disallowance and/or disapproval by the Assembly (including a regulation, rule or by-law):
    1. is in accord with the general objects of the Act under which it is made;
    2. unduly trespasses on rights previously established by law;
    3. makes rights, liberties and/or obligations unduly dependent upon non‑reviewable decisions; or
    4. contains matter which in the opinion of the Committee should properly be dealt with in an Act of the Legislative Assembly;
  2. consider whether any explanatory statement or explanatory memorandum associated with legislation and any regulatory impact statement meets the technical or stylistic standards expected by the Committee;
  3. consider whether the clauses of bills (and amendments proposed by the Government to its own bills) introduced into the Assembly:
    1. unduly trespass on personal rights and liberties;
    2. make rights, liberties and/or obligations unduly dependent upon insufficiently defined administrative powers;
    3. make rights, liberties and/or obligations unduly dependent upon non-reviewable decisions;
    4. inappropriately delegate legislative powers; or
    5. insufficiently subject the exercise of legislative power to parliamentary scrutiny;
  4. report to the Legislative Assembly about human rights issues raised by bills presented to the Assembly pursuant to section 38 of the Human Rights Act 2004; and
  5. report to the Assembly on these or any related matter and if the Assembly is not sitting when the Committee is ready to report on bills and subordinate legislation, the Committee may send its report to the Speaker, or, in the absence of the Speaker, to the Deputy Speaker, who is authorised to give directions for its printing, publication and circulation.

Report Number Date PDF Word
Scrutiny Report 5 27-04-2017 PDF (257.8 KB) Word (168.0 KB)
Scrutiny Report 4 27-03-2017 PDF (162.5 KB) Word (117.5 KB)
Scrutiny Report 3 14-03-2017 PDF (328.8 KB) Word (213.5 KB)
Scrutiny Report 2 07-02-2017 PDF (269.5 KB) Word (173.5 KB)
Scrutiny Report 1 15-12-2016 PDF (212.8 KB) Word (136.5 KB)
Henry VIII clauses—Fact sheetPDF icon_pdf_small (71KB)Word Word (170KB)
Guide to writing an explanatory statementPDF icon_pdf_small (161KB)Word Word (232KB)
Subordinate legislation—Technical and stylistic standards—Tips/TrapsPDF icon_pdf_small (82KB)Word Word (192KB)

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Page last updated on 27 April 2017
2015 Legislative Assembly for the ACT