| Type of parliamentary body |
Specialized |
| Nature |
Permanent |
| Related to chambers |
Senate
|
| Date of creation |
1932 |
| Last renewal date |
|
| Mandate |
The Parliament devolves power to the executive government to make laws outside parliament, in the form of delegated legislation. The Standing Committee on Regulations and Ordinances safeguards personal liberties by ensuring that the same standards of fairness and equity are imposed on this legislation as that enacted by Parliament. To this end, the Committee scrutinises delegated legislation to ensure: that it is in accordance with the statute; that it does not trespass unduly on personal rights and liberties; that it does not unduly make the rights and liberties of citizens dependent upon administrative decisions which are not subject to the review of their merits by a judicial or other independent tribunal; and that it does not contain matter more appropriate for parliamentary enactment. |
| Membership |
Six senators, three nominated by the Leader of the Government in the Senate and three by the Leader of the Opposition in the Senate or by minority groups or independents senators. Members are appointed at the commencement of each Parliament, for the life of the Parliament (usually three years). |
| Working methods |
The Committee considers and if necessary reports on, all regulations, ordinances and other instruments made under the authority of Acts of Parliament which are subject to disallowance or disapproval by the Senate and which are of a legislative character. It may recommend the disallowance by the Senate of any delegated legislation not in accordance with the principles described above.
The Committee, which meets regularly during sitting periods, is assisted by a legal adviser, who brings to its notice any instruments that may not meet the criteria as outlined above. The Chair may then give notice of a motion in the Senate to disallow the instrument. This must be done within 15 sitting days after tabling. The Senate has a further 15 days to deal with the notice, and if it is not disposed of in that time, the instrument is disallowed. The Committee almost invariably receives from the minister concerned a satisfactory explanation or an undertaking to make amendments and the Chair then removes the notice of disallowance.
Throughout its history, the Committee has restricted itself to consideration of whether proposed legislation threatens rights or ignores proprieties, and has avoided issues relating to policy within the legislation. The Senate has never rejected a recommendation by the Committee that an instrument should be disallowed. |
| Relations with other parliamentary bodies |
The Committee reports directly to the Senate. Either chamber of the Parliament may disallow an instrument. |
| Relations with external bodies |
|
| Subjects dealt with |
Right to privacy; availability of merit review; subjective discretion; terms and conditions of public sector employment. |
| CONTACT INFORMATION |
| Main address |
Senate Standing Committee on Regulations and Ordinances
Senate
Parliament House
CANBERRA ACT 2600 (Australia) |
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| Fax |
... |
| E-mail |
... |
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PRESIDING OFFICER(S)
|
| Name |
Mr. Tsebin Tchen |
| Notes |
Senator |
| Address (if different from above) |
|
| Phone |
(+ 61 2) 62 77 37 75
(+ 61 3) 98 04 56 30 |
| Fax |
(+61 2) 62 77 30 86
(+61 3) 98 04 56 38 |
| E-mail |
senator.ray@aph.gov.au |
| Website |
http://www.aph.gov.au/
|
| Address (if different from above) |
|
| Phone |
(+61 2) 62 77 38 70
(+61 3) 98 97 33 07 |
| Fax |
(+61 2) 62 77 57 30
(+61 3) 98 97 45 78 |
| E-mail |
senator.tchen@aph.gov.au |
| Website |
http://www.aph.gov.au/
|
|
SECRETARY
|
| Name |
Mr. James Warmenhoven |
| Notes |
Secretary |
| Address (if different from above) |
|
| Phone |
(+61 2) 62 77 30 66 |
| Fax |
(+61 2) 62 77 58 38 |
| E-mail |
james.warmenhoven@aph.gov.au |
| web site: |
http://www.aph.gov.au/
|
| Notes |
|
| Address (if different from above) |
Department of the Senate, Parliament House, Canberra ACT 2600 |
| Phone |
+612 6277 3538 |
| Fax |
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| E-mail |
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| web site: |
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| Notes |
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