PARLIAMENTARY COMMITTEES BILL 2003

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PARLIAMENTARY COMMITTEES BILL 2003

PARLIAMENT OF VICTORIA Parliamentary Committees Act 2003 Victorian Legislation and Parliamentary Documents Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Application of standing orders and practices of the Council and the Assembly 3 PART 2--ESTABLISHMENT, TERMS AND FUNCTIONS OF JOINT INVESTIGATORY COMMITTEES 4 Division 1--Joint House Committees 4 5. Establishment of Joint House Committees 4 6. Term of Joint House Committees 4 7. Drugs and Crime Prevention Committee 5 8. Economic Development Committee 5 9. Education and Training Committee 5 10. Environment and Natural Resources Committee 5 11. Family and Community Development Committee 6 12. Law Reform Committee 6 13. Outer Suburban/Interface Services and Development Committee 7 14. Public Accounts and Estimates Committee 7 15. Road Safety Committee 8 16. Rural and Regional Services and Development Committee 8 17. Scrutiny of Acts and Regulations Committee 8 Division 2--Specific Purpose Committees 10 18. Specific Purpose Committees 10 19. Term of Specific Purpose Committees 10 20. Functions of Specific Purpose Committees 11 i 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Clause Page PART 3--CONSTITUTION AND PROCEDURE OF JOINT INVESTIGATORY COMMITTEES 12 Victorian Legislation and Parliamentary Documents Division 1--Constitution 12 21. Membership of Joint Investigatory Committees 12 22. Election of chairperson and deputy chairperson 13 Division 2--Procedure 13 23. Quorum 13 24. Voting by members 13 25. Sittings 14 26. Presence of members of Parliament and the public 14 27. Public hearings 14 28. Evidence 15 29. Evidence may be considered by other Joint Investigatory Committees 16 30. Engagement of research staff 17 Division 3--Sub-committees 17 31. Appointment and procedures 17 32. Evidence and reporting 18 PART 4--REFERRALS, REPORTS AND RESPONSES 19 33. Referrals to Joint Investigatory Committees 19 34. Interim reports, discussion papers, minority reports and draft Bills 20 35. Reports before Parliament 21 36. Government responses 21 37. Submissions and reports of investigations to be published 22 PART 5--THE HOUSE COMMITTEE AND THE LIBRARY COMMITTEE 24 Division 1--House Committee 24 38. Establishment of the House Committee 24 39. Term of the House Committee 24 40. Functions of the House Committee 24 41. Membership of the House Committee 25 42. Procedure of the House Committee 25 Division 2--Library Committee 26 43. Term of the Library Committee 26 44. Procedure of the Library Committee 26 ii 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Clause Page PART 6--GENERAL 28 45. Discussions on functioning of Joint Investigatory Committees 28 Victorian Legislation and Parliamentary Documents 46. Expenditure of Joint Investigatory Committees 29 47. Reimbursements to members of certain committees 29 48. Certification of payments to members of committees 30 49. Status of payments as regards the Constitution Act 1975 30 50. Immunity from judicial review 31 51. Supreme Court--limitation of jurisdiction 31 52. Regulations 31 PART 7--CONSEQUENTIALS 32 53. Repeal of the Parliamentary Committees Act 1968 32 54. 32 Audit Act 1994 55. 32 Constitution Act 1975 56. 33 Co-operative Schemes (Administrative Actions) Act 2001 57. 33 Health Records Act 2001 58. 33 Information Privacy Act 2000 59. 33 Judicial College of Victoria Act 2001 60. 34 Parliamentary Officers Act 1975 12B. Certain officers to be under control of House Committee 34 61. 34 Parliamentary Precincts Act 2001 62. 34 Parliamentary Salaries and Superannuation Act 1968 63. 35 Victorian Law Reform Commission Act 2000 64. 35 Whistleblowers Protection Act 2001 PART 8--TRANSITIONAL 36 65. Transitional provision--successor committees 36 ENDNOTES 38 INDEX 39 iii 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

PARLIAMENT OF VICTORIA Initiated in Assembly 5 November 2003 As amended by Assembly 27 November 2003 Victorian Legislation and Parliamentary Documents A BILL to establish certain parliamentary committees, to set out the functions, powers and procedures of certain parliamentary committees and to repeal the Parliamentary Committees Act 1968 and for other purposes. Parliamentary Committees Act 2003 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to establish certain parliamentary 5 committees; 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003 1

Parliamentary Committees Act 2003 Act No. Part 1--Preliminary s. 2 (b) to set out the functions, powers and procedures of certain parliamentary committees; Victorian Legislation and Parliamentary Documents (c) to repeal the Parliamentary Committees 5 Act 1968. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions 10 In this Act-- "Assembly" means the Legislative Assembly; "Council" means the Legislative Council; "House Committee" means the joint committee of the Council and of the Assembly 15 established by section 38; "Joint House Committee" means a committee established by section 5; "Joint Investigatory Committee" means-- (a) a Joint House Committee; or 20 (b) a Specific Purpose Committee; "Library Committee" means the Library Committee appointed under the joint standing orders of the Parliament; "Parliamentary precincts" has the same 25 meaning as in the Parliamentary Precincts Act 2001; "President" means the President of the Council; "Speaker" means the Speaker of the Assembly; 2 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 1--Preliminary s. 4 "Specific Purpose Committee" means a committee referred to in section 18; Victorian Legislation and Parliamentary Documents "sub-committee" means a sub-committee of a Joint Investigatory Committee. 5 4. Application of standing orders and practices of the Council and the Assembly (1) The standing orders, joint standing orders and the practices of the Council and the Assembly apply to the committees referred to in this Act to the 10 extent that they are not inconsistent with any provision of this Act. (2) The power and privileges of the Council and the Assembly to establish committees and to confer functions and powers on committees are not 15 limited by this Act. __________________ 3 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 5 Committees PART 2--ESTABLISHMENT, TERMS AND FUNCTIONS OF JOINT INVESTIGATORY COMMITTEES Victorian Legislation and Parliamentary Documents Division 1--Joint House Committees 5. Establishment of Joint House Committees 5 There are established by this Act the following Joint House Committees-- (a) the Drugs and Crime Prevention Committee; (b) the Economic Development Committee; (c) the Education and Training Committee; 10 (d) the Environment and Natural Resources Committee; (e) the Family and Community Development Committee; (f) the Law Reform Committee; 15 (g) the Outer Suburban/Interface Services and Development Committee; (h) the Public Accounts and Estimates Committee; (i) the Road Safety Committee; 20 (j) the Rural and Regional Services and Development Committee; (k) the Scrutiny of Acts and Regulations Committee. 6. Term of Joint House Committees 25 A Joint House Committee holds office and may exercise all the powers conferred on it by any Act or by Parliament for the Parliament during which its members are appointed and until the dissolution or other lawful determination of the 30 Assembly. 4 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 7 Committees 7. Drugs and Crime Prevention Committee The functions of the Drugs and Crime Prevention Victorian Legislation and Parliamentary Documents Committee are, if so required or permitted under this Act, to inquire into, consider and report to the 5 Parliament on any proposal, matter or thing concerned with-- (a) the use of drugs, including the manufacture, supply or distribution of drugs; (b) the level or causes of crime or violent 10 behaviour. 8. Economic Development Committee The functions of the Economic Development Committee are, if so required or permitted under this Act, to inquire into, consider and report to the 15 Parliament on any proposal, matter or thing concerned with economic development or industrial affairs. 9. Education and Training Committee The functions of the Education and Training 20 Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with education or training. 10. Environment and Natural Resources Committee 25 The functions of the Environment and Natural Resources Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with-- 30 (a) the environment; (b) natural resources; (c) planning the use, development or protection of land. 5 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 11 Committees 11. Family and Community Development Committee The functions of the Family and Community Victorian Legislation and Parliamentary Documents Development Committee are, if so required or permitted under this Act, to inquire into, consider 5 and report to the Parliament on-- (a) any proposal, matter or thing concerned with-- (i) the family or the welfare of the family; (ii) community development or the welfare 10 of the community; (b) the role of Government in community development and welfare, including the welfare of the family. 12. Law Reform Committee 15 (1) The functions of the Law Reform Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with-- (a) legal, constitutional or parliamentary reform; 20 (b) the administration of justice; (c) law reform. (2) It is not a function of the Law Reform Committee to inquire into, consider and report to the Parliament on any proposal, matter or thing 25 concerned with-- (a) the joint standing orders of the Parliament; (b) the standing orders or rules of practice of the Council or the Assembly. 6 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 13 Committees 13. Outer Suburban/Interface Services and Development Committee Victorian Legislation and Parliamentary Documents (1) The functions of the Outer Suburban/Interface Services and Development Committee are, if so 5 required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with-- (a) the provision of services to new urban regions; 10 (b) the development or expansion of new urban regions. (2) In sub-section (1)-- "urban regions" means any part of Victoria developed for urban purposes that is not 15 within regional Victoria as defined in section 16(2). 14. Public Accounts and Estimates Committee The functions of the Public Accounts and Estimates Committee are-- 20 (a) if so required or permitted under this Act, to inquire into, consider and report to the Parliament on-- (i) any proposal, matter or thing concerned with public administration or public 25 sector finances; (ii) the annual estimates or receipts and payments and other Budget papers and any supplementary estimates of receipts or payments presented to the Assembly 30 and the Council; (iii) audit priorities for the purposes of the Audit Act 1994; 7 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 15 Committees (b) the functions conferred on the Committee under the Audit Act 1994 and Part V of the Constitution Act 1975. Victorian Legislation and Parliamentary Documents 15. Road Safety Committee 5 The functions of the Road Safety Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with-- (a) road trauma; 10 (b) safety on roads and related matters. 16. Rural and Regional Services and Development Committee (1) The functions of the Rural and Regional Services and Development Committee are, if so required or 15 permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with-- (a) the provision of services to regional Victoria; (b) the development of regional Victoria. 20 (2) In sub-section (1)-- "regional Victoria" has the same meaning as in the Regional Infrastructure Development Fund Act 1999. 17. Scrutiny of Acts and Regulations Committee 25 The functions of the Scrutiny of Acts and Regulations Committee are-- (a) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament as to whether the Bill directly or 30 indirectly-- (i) trespasses unduly on rights or freedoms; 8 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 17 Committees (ii) makes rights, freedoms or obligations dependent on insufficiently defined administrative powers; Victorian Legislation and Parliamentary Documents (iii) makes rights, freedoms or obligations 5 dependent on non-reviewable administrative decisions; (iv) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the 10 meaning of the Information Privacy Act 2000; (v) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information 15 within the meaning of the Health Records Act 2001; (vi) inappropriately delegates legislative power; (vii) insufficiently subjects the exercise of 20 legislative power to parliamentary scrutiny; (b) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament-- 25 (i) as to whether the Bill directly or indirectly repeals, alters or varies section 85 of the Constitution Act 1975, or raises an issue as to the jurisdiction of the Supreme Court; 30 (ii) if a Bill repeals, alters or varies section 85 of the Constitution Act 1975, whether this is in all the circumstances appropriate and desirable; 9 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 18 Committees (iii) if a Bill does not repeal, alter or vary section 85 of the Constitution Act 1975, but an issue is raised as to the Victorian Legislation and Parliamentary Documents jurisdiction of the Supreme Court, as to 5 the full implications of that issue; (c) to consider any Act that was not considered under paragraph (a) or (b) within 30 days immediately after the first appointment of members of the current Committee and to 10 report to the Parliament with respect to that Act on any matter referred to in those paragraphs; (d) the functions conferred on the Committee by the Subordinate Legislation Act 1994; 15 (e) the functions conferred on the Committee by the Environment Protection Act 1970; (f) the functions conferred on the Committee by the Co-operative Schemes (Administrative Actions) Act 2001; 20 (g) to review any Act in accordance with the terms of reference under which the Act is referred to the Committee under this Act. Division 2--Specific Purpose Committees 18. Specific Purpose Committees 25 There are such Specific Purpose Committees as are appointed by a resolution of the Council and the Assembly. 19. Term of Specific Purpose Committees A Specific Purpose Committee holds office and 30 may exercise all the powers conferred on it by any Act or by Parliament from the day of the resolution under which it was appointed and until-- 10 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 2--Establishment, Terms and Functions of Joint Investigatory s. 20 Committees (a) the dissolution or other lawful determination of the Assembly; or Victorian Legislation and Parliamentary Documents (b) a day specified in a resolution of the Council and the Assembly-- 5 whichever occurs first. 20. Functions of Specific Purpose Committees The functions of a Specific Purpose Committee are the functions specified by the Council and the Assembly in the resolution under which it was 10 appointed or in any later resolution. __________________ 11 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 21 PART 3--CONSTITUTION AND PROCEDURE OF JOINT INVESTIGATORY COMMITTEES Victorian Legislation and Parliamentary Documents Division 1--Constitution 21. Membership of Joint Investigatory Committees 5 (1) A Joint Investigatory Committee must consist of not more than 9 members of whom-- (a) at least 2 must be members of the Council; and (b) at least 2 must be members of the Assembly. 10 (2) As soon as practicable after the commencement of each Parliament, the members of a Joint Investigatory Committee must be appointed according to the practice of Parliament relating to the appointment of members to joint select 15 committees. (3) A member of the Council or Assembly ceases to be a member of a Joint Investigatory Committee if-- (a) the member's seat becomes vacant; or 20 (b) the member resigns by writing delivered to the President and Speaker. (4) If a vacancy occurs in the appointed members of a Joint Investigatory Committee, it must be filled upon motion in the usual manner provided that 25 any requirements of this Act relating to representation on the Committee of members of the Council and of the Assembly are observed in the filling of the vacancy. 12 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 22 22. Election of chairperson and deputy chairperson (1) A Joint Investigatory Committee must elect one of Victorian Legislation and Parliamentary Documents its members to be chairperson. (2) A Joint Investigatory Committee may elect one of 5 its members to be deputy chairperson. (3) In the absence or illness of the chairperson, the deputy chairperson has all the powers, and may perform all the duties, of the chairperson. Division 2--Procedure 10 23. Quorum (1) The quorum of a Joint Investigatory Committee is a majority of the members appointed to it. (2) A quorum of a Joint Investigatory Committee must not consist exclusively of members of the 15 Council or the Assembly. 24. Voting by members (1) A question arising at a meeting of a Joint Investigatory Committee must be determined by a majority of votes of members present and voting 20 on that question. Note: A question of a kind referred to in section 28(5) or 32(1) that arises at a meeting must be determined unanimously by members present and voting on that question. 25 (2) Each member of a Joint Investigatory Committee has a deliberative vote. (3) In the event of an equality of votes on any question, the chairperson of a Joint Investigatory Committee has a casting vote in addition to a 30 deliberative vote. 13 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 25 25. Sittings (1) Subject to sub-sections (2) and (3), a Joint Victorian Legislation and Parliamentary Documents Investigatory Committee may sit and transact business-- 5 (a) at times (including times when either House of the Parliament is not actually sitting); and (b) in places in Victoria or elsewhere-- that are convenient for the proper and speedy dispatch of business. 10 (2) If a House of the Parliament is actually sitting, a Joint Investigatory Committee must not sit-- (a) except by leave of the House; and (b) in any place, other than a place that is within the Parliamentary precincts. 15 (3) Business may only be transacted at a meeting of a Joint Investigatory Committee if a quorum is present. 26. Presence of members of Parliament and the public (1) A Joint Investigatory Committee or a sub- 20 committee may invite a member of the Council or the Assembly or a member of the public to be present for a specified purpose at the whole or a part of a particular meeting of the Committee. (2) Only members of a Joint Investigatory Committee 25 or sub-committee may vote on a question arising at a meeting of the Committee or sub-committee. 27. Public hearings (1) A Joint Investigatory Committee may hold a public hearing on any proposal, matter or thing 30 being inquired into or being considered by the Committee. 14 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 28 (2) A Joint Investigatory Committee may refuse to hear evidence at a public hearing that in the opinion of the Committee-- Victorian Legislation and Parliamentary Documents (a) is irrelevant to the proposal, matter or thing 5 being inquired into or being considered by the Committee; or (b) is unnecessary to be given because of other information at the disposal of the Committee. (3) Unless both the Council and the Assembly 10 otherwise resolve in relation to a particular case, a person or other body may not be represented by a legal practitioner at a public hearing held by a Joint Investigatory Committee. (4) A person (including a legal practitioner) may give 15 evidence on behalf of himself or herself or on behalf of a body of which the person is a member or an employee. (5) Despite anything in this section, a Joint Investigatory Committee may deliberate in 20 private. 28. Evidence (1) A Joint Investigatory Committee has power to send for persons, documents and other things. (2) Subject to sub-section (3), a Joint Investigatory 25 Committee must take all evidence in public. (3) A Joint Investigatory Committee may take evidence in private if the Committee resolves that special circumstances make it desirable to take the evidence in private and for this purpose, part or 30 whole of a public hearing may be held in private. (4) Without limiting or affecting the generality of section 19A of the Constitution Act 1975, evidence given before a Joint Investigatory Committee must, if the Committee so requires, be 35 given on oath or affirmation. 15 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 29 (5) A Joint Investigatory Committee may empower a specified member or members of the Committee to send for persons, documents and other things Victorian Legislation and Parliamentary Documents and to take evidence with respect to any proposal, 5 matter or thing which is referred to the Committee for consideration and report if the Committee unanimously agrees so to empower the member or members. (6) When sending for persons, documents and other 10 things or when taking evidence under sub- section (5), a member of a Joint Investigatory Committee has all the privileges, immunities and powers of the Joint Investigatory Committee. (7) A person who is required by a Joint Investigatory 15 Committee to attend as a witness is, in prescribed circumstances, entitled to receive prescribed expenses. (8) Any person may make a written submission to a Joint Investigatory Committee with respect to any 20 proposal, matter or thing being inquired into or being considered by the Committee. (9) A Joint Investigatory Committee must keep a record of all evidence given before it and determinations made by it. 25 29. Evidence may be considered by other Joint Investigatory Committees If the term of a Joint Investigatory Committee ends before the Committee makes a report to the Parliament, evidence taken by the Committee may 30 be considered by another Joint Investigatory Committee if the second-mentioned Committee has the same name or functions as the first- mentioned Committee. 16 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 30 30. Engagement of research staff (1) Subject to authorisation by the President or the Victorian Legislation and Parliamentary Documents Speaker, a Joint Investigatory Committee may commission a person to investigate and report to 5 the Joint Investigatory Committee on any aspect of a proposal, matter or thing being inquired into or being considered by the Committee. (2) With the consent of the Public Employment Minister within the meaning of the Public Sector 10 Management and Employment Act 1998, a Joint Investigatory Committee may make use of the services of an employee within the meaning of that Act for the purpose of investigating and reporting to the Committee on any aspect of a 15 proposal, matter or thing being inquired into or being considered by the Committee. Division 3--Sub-committees 31. Appointment and procedures (1) A Joint Investigatory Committee may appoint a 20 sub-committee of at least 4 members, of whom one is appointed by the Committee as chairperson of the sub-committee. (2) The quorum of a sub-committee is the majority of the members appointed to it. 25 (3) Business may only be transacted at a meeting of a sub-committee if a quorum is present. (4) A question arising at a meeting of a sub- committee must be determined by a majority of votes of members present and voting on that 30 question. (5) Each member of a sub-committee has a deliberative vote. 17 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 3--Constitution and Procedure of Joint Investigatory Committees s. 32 (6) In the event of an equality of votes on any question, the chairperson of the sub-committee has a casting vote in addition to a deliberative Victorian Legislation and Parliamentary Documents vote. 5 32. Evidence and reporting (1) A Joint Investigatory Committee may empower a specified member or members of the sub- committee to send for persons, documents and other things and to take evidence with respect to 10 any proposal, matter or thing which is referred to the sub-committee for consideration and report if the Committee unanimously agrees so to empower the member or members. (2) When taking evidence under sub-section (1), a 15 member of a sub-committee has all the privileges, immunities and powers of the Joint Investigatory Committee. (3) A sub-committee, in relation to any proposal, matter or thing referred to it by a Joint 20 Investigatory Committee for consideration and report has all the privileges, immunities and powers, (except the powers specified in section 30) of the Joint Investigatory Committee. (4) A sub-committee must report to the Joint 25 Investigatory Committee which may adopt a report of the sub-committee or reject its report or adopt its report with variations. __________________ 18 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 4--Referrals, Reports and Responses s. 33 PART 4--REFERRALS, REPORTS AND RESPONSES Victorian Legislation and Parliamentary Documents 33. Referrals to Joint Investigatory Committees (1) A Joint Investigatory Committee must inquire into, consider and report to the Parliament on any 5 proposal, matter or thing that is relevant to its functions and has been referred to the Committee-- (a) by resolution of the Council or the Assembly; or 10 (b) by Order of the Governor in Council published in the Government Gazette. (2) A resolution of the Council or the Assembly referred to in sub-section (1)(a) may specify a period of time within which the Joint 15 Investigatory Committee must make a final report to the Parliament on the proposal, matter or thing. (3) A Joint Investigatory Committee may inquire into, consider and report to the Parliament on any annual report or other document relevant to the 20 functions of the Committee that is laid before either House of the Parliament in accordance with an Act. (4) In carrying out its functions, a Joint Investigatory Committee must-- 25 (a) give priority before all other proposals, matters or things being inquired into or being considered by the Committee-- (i) first to those proposals, matters or things referred to it by resolution of the 30 Council or the Assembly; and 19 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 4--Referrals, Reports and Responses s. 34 (ii) second, to those proposals, matters or things referred to it by Order of the Governor in Council published in the Victorian Legislation and Parliamentary Documents Government Gazette; and 5 (b) comply with any limitation of time specified under sub-section (2). 34. Interim reports, discussion papers, minority reports and draft Bills (1) Before making a final report to the Parliament on 10 any proposal, matter or thing, a Joint Investigatory Committee may-- (a) make one or more interim reports to the Parliament on the proposal, matter or thing; or 15 (b) publish a document in relation to the proposal, matter or thing. (2) A Joint Investigatory Committee must include with a report made by it to the Parliament any minority report on behalf of a member of the 20 Committee if so requested by the member. (3) A Joint Investigatory Committee may include in any report made by it to the Parliament a draft Bill to give effect to those recommendations of the Committee that cannot be given effect to 25 otherwise than by an Act. (4) For the purposes of preparing a draft Bill under sub-section (3), a Joint Investigatory Committee may, with the consent of the Minister administering the relevant Department, make use 30 of the services of any employee in the Department. 20 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 4--Referrals, Reports and Responses s. 35 35. Reports before Parliament (1) Within 21 days after a report of a Joint Victorian Legislation and Parliamentary Documents Investigatory Committee is adopted by the Committee, the chairperson of the Committee 5 must-- (a) cause the report to be laid before both Houses of the Parliament; or (b) if Parliament is not sitting during those 21 days and the Committee unanimously so 10 resolves, give the report to the clerk of each House. (2) If a report is received by the clerk of a House under sub-section (1)(b), the clerk must-- (a) as soon as practicable after the report is 15 received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and (b) give a copy of the report to any member of the House upon request to the clerk; and 20 (c) cause the report to be laid before the House on the next sitting day of the House. (3) A report that is given to the clerks under sub- section (1)(b) is taken to have been published by order, or under the authority, of the Houses of the 25 Parliament. 36. Government responses (1) If a Joint Investigatory Committee's report to the Parliament recommends that the Government take a particular action with respect to a matter, within 30 6 months of the report being laid before both Houses of the Parliament or being received by the clerks of both Houses of the Parliament, the appropriate responsible Minister must-- 21 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 4--Referrals, Reports and Responses s. 37 (a) provide the Parliament with a response to the Committee's recommendations; or Victorian Legislation and Parliamentary Documents (b) if Parliament is not sitting, give a response to the report to the clerk of each House. 5 (2) If a response is received by the clerk of a House under sub-section (1)(b), the clerk must-- (a) as soon as practicable after the response is received, notify each member of the House of the receipt of the response and advise that 10 the response is available upon request; and (b) give a copy of the response to any member of the House upon request to the clerk; and (c) cause the response to be laid before the House on the next sitting day of the House. 15 (3) A response that is given to the clerks under sub- section (1)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. 37. Submissions and reports of investigations to be 20 published (1) Subject to sub-section (2), if a member of the public so requests and a Joint Investigatory Committee is not of the opinion that special circumstances exist that make it undesirable to do 25 so, a Joint Investigatory Committee must make available to the member of the public-- (a) a copy of any written evidence, or a transcript of any oral evidence, given to the Committee; or 30 (b) a copy of the report of any investigation carried out under section 30; or (c) a copy of any determination made by the Committee. 22 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 4--Referrals, Reports and Responses s. 37 (2) A Joint Investigatory Committee must not make available a document referred to in sub-section (1) if the document contains evidence which at the Victorian Legislation and Parliamentary Documents time that it was given to the Committee, the 5 Committee informed the person giving the evidence that it is received by the Committee on the basis that it remain private. (3) A Joint Investigatory Committee may charge a member of the public a reasonable sum for a copy 10 of a document that does not exceed the cost of making the document available. __________________ 23 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 5--The House Committee and the Library Committee s. 38 PART 5--THE HOUSE COMMITTEE AND THE LIBRARY COMMITTEE Victorian Legislation and Parliamentary Documents Division 1--House Committee 38. Establishment of the House Committee 5 There is established by this Act a joint committee of the Council and the Assembly to be called the House Committee. 39. Term of the House Committee The House Committee holds office and may 10 exercise all the powers conferred on it by any Act or by Parliament for the Parliament during which its members are appointed and until the dissolution or other lawful determination of the Assembly. 15 40. Functions of the House Committee (1) The functions of the House Committee are-- (a) to manage the refreshment rooms and the Parliament gardens; and (b) to manage the maintenance, renewal and 20 extension of the Parliament buildings; and (c) to advise the Speaker and, if appropriate, the President on the management of Parliamentary services, including any thing concerned with information technology. 25 (2) The Joint Services Department of the Parliament and the Secretary of that Department must provide the House Committee with any assistance and services that the House Committee requires to enable it to carry out its functions. 24 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 5--The House Committee and the Library Committee s. 41 41. Membership of the House Committee (1) The House Committee consists of-- Victorian Legislation and Parliamentary Documents (a) the President and the Speaker; and (b) 5 members of the Council; and 5 (c) 6 members of the Assembly. (2) As soon as practicable after the commencement of each Parliament, the members of the House Committee (other than the President and the Speaker) must be appointed according to the 10 practice of Parliament relating to the appointment of members to select committees. (3) A member of the Council or Assembly ceases to be a member of the House Committee if-- (a) the member's seat becomes vacant; or 15 (b) the member resigns by writing delivered to the President and Speaker. (4) If a vacancy occurs in the appointed members of the House Committee, it must be filled upon motion in the usual manner provided that any 20 requirements of this Act relating to representation on the House Committee of members of the Council and of the Assembly are observed in the filling of the vacancy. 42. Procedure of the House Committee 25 (1) The House Committee may elect one of its members to be chairperson and one of its members to be deputy chairperson. (2) In the absence or illness of the chairperson, the deputy chairperson has all the powers, and may 30 perform all the duties, of the chairperson. (3) The quorum of the House Committee is 7 members. 25 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 5--The House Committee and the Library Committee s. 43 (4) A quorum of the House Committee must not consist exclusively of members of the Council or the Assembly. Victorian Legislation and Parliamentary Documents (5) A question arising at a meeting of the House 5 committee must be determined by a majority of votes of members present and voting on that question. (6) Each member of the House Committee has a deliberative vote. 10 Division 2--Library Committee 43. Term of the Library Committee The Library Committee holds office and may exercise all the powers conferred on it by any Act or by Parliament for the Parliament during which 15 its members are appointed and until the dissolution or other lawful determination of the Assembly. 44. Procedure of the Library Committee (1) The Library Committee may elect one of its 20 members to be chairperson and one of its members to be deputy chairperson. (2) In the absence or illness of the chairperson, the deputy chairperson has all the powers, and may perform all the duties, of the chairperson. 25 (3) A member of the Council or Assembly ceases to be a member of the Library Committee if-- (a) the member's seat becomes vacant; or (b) the member resigns by writing delivered to the President and Speaker. 26 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 5--The House Committee and the Library Committee s. 44 (4) If a vacancy occurs in the appointed members of the Library Committee, it must be filled upon motion in the usual manner provided that any Victorian Legislation and Parliamentary Documents requirements relating to representation on the 5 Library Committee of members of the Council and of the Assembly are observed in the filling of the vacancy. __________________ 27 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 6--General s. 45 PART 6--GENERAL Victorian Legislation and Parliamentary Documents 45. Discussions on functioning of Joint Investigatory Committees (1) There is established by this Act a committee 5 consisting of the President, the Speaker and the chairperson of each Joint Investigatory Committee. (2) The committee established under this section or any 2 or more chairpersons of a Joint 10 Investigatory Committee may meet and hold discussions with a view to securing the more efficient functioning of Joint Investigatory Committees generally, or any one or more of those Committees in particular, and to avoid the 15 duplication by one Committee of the work of another Committee. (3) For any purpose referred to in sub-section (2), the chairperson of a Joint Investigatory Committee may disclose to the committee established under 20 this section, or to any other chairperson of a Joint Investigatory Committee-- (a) any evidence taken by the Joint Investigatory Committee; or (b) any document presented to the Joint 25 Investigatory Committee; or (c) any proceeding or report of the Joint Investigatory Committee-- irrespective of whether that evidence, document, proceeding or report has been reported to the 30 Parliament. 28 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 6--General s. 46 46. Expenditure of Joint Investigatory Committees Except as otherwise provided in this Act, any Victorian Legislation and Parliamentary Documents expenditure incurred by or on behalf of a Joint Investigatory Committee that is authorised and 5 certified by the President or the Speaker, must be paid from the Consolidated Fund which is appropriated by this section to the necessary extent. 47. Reimbursements to members of certain committees 10 (1) This section applies to the following committees-- (a) a Joint Investigatory Committee; and (b) a sub-committee of a Joint Investigatory Committee; and 15 (c) a joint select committee, if the resolution of the Council and the Assembly establishing the committee expressly so provides. (2) Subject to this section, a member (including the chairperson) of a committee is entitled to receive 20 an expense allowance or a travelling allowance at the prescribed rate and in prescribed circumstances-- (a) in respect of the member's attendance-- (i) at a meeting of the committee at which 25 a quorum is present; or (ii) to take evidence under section 28 in the case of a Joint Investigatory Committee or under section 32 in the case of a sub- committee of a Joint Investigatory 30 Committee; (b) in respect of undertaking any other duties as a member of the committee that are approved by the committee and by the President or the Speaker as duties to which allowances apply. 29 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 6--General s. 48 (3) A member is only entitled to a payment under sub-section (2)(a)(i) in respect of a meeting of a committee that-- Victorian Legislation and Parliamentary Documents (a) lasts for at least one hour; and 5 (b) the member attends for at least 45 minutes. (4) A member is not entitled to be paid under this section for an attendance at a meeting of a committee if the member previously attended a meeting of that committee or another committee 10 on the same day for which the member is entitled to a payment under this section. (5) The total amount paid under this section must not exceed the sum fixed from time to time by Order of the Governor in Council for each financial year. 15 48. Certification of payments to members of committees (1) The amount to which a member of a committee is entitled under this Act must be certified by the chairperson of the committee and is payable to the member out of the Consolidated Fund which is 20 appropriated by this section to the necessary extent. (2) Any reimbursement payable to a member of a committee under this Act is in addition to any payment received by the member as parliamentary 25 salary or allowances. 49. Status of payments as regards the Constitution Act 1975 A member of a committee is not to be taken by reason of receiving any payment under this Act to 30 hold an office or place of profit under the Crown which would-- (a) prevent the member sitting or voting as a member of the Council or Assembly; or 30 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 6--General s. 50 (b) make void the member's election to the Council or Assembly; or Victorian Legislation and Parliamentary Documents (c) prevent the member continuing to be a member of the Council or Assembly; or 5 (d) subject the member to liability to a penalty under the Constitution Act 1975. 50. Immunity from judicial review The proceedings of a Joint Investigatory Committee or any recommendations or reports 10 made by a Joint Investigatory Committee or any documents published by a Joint Investigatory Committee-- (a) do not give rise to a cause of action in law; (b) must not be the subject of, or in any way be 15 called into question in, a proceeding before a court. 51. Supreme Court--limitation of jurisdiction It is the intention of section 50 to alter or vary section 85 of the Constitution Act 1975. 20 52. Regulations The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed for carrying out or 25 giving effect to this Act. __________________ 31 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 7--Consequentials s. 53 PART 7--CONSEQUENTIALS Victorian Legislation and Parliamentary Documents 53. Repeal of the Parliamentary Committees Act 1968 The Parliamentary Committees Act 1968 is repealed. 5 54. Audit Act 1994 In section 3 of the Audit Act 1994, in the definition of "Parliamentary Committee", for "Parliamentary Committees Act 1968" substitute "Parliamentary Committees Act 10 2003". 55. Constitution Act 1975 (1) For section 19A(1) of the Constitution Act 1975 substitute-- '(1) In this section, "committee" means a 15 committee of the Council or of the Assembly or a joint committee of the Council and the Assembly or a sub-committee of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 20 or a member of a Joint Investigatory Committee or such a sub-committee who is empowered to take evidence under section 28 or 32 of that Act.'. (2) For section 19A(5) of the Constitution Act 1975 25 substitute-- "(5) Any oath or affirmation taken or made by any witness before any other committee may be administered by-- (a) the chairperson of the committee; or 30 (b) the clerk attending the committee; or 32 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 7--Consequentials s. 56 (c) a member of a Joint Investigatory Committee or sub-committee of a Joint Investigatory Committee within the Victorian Legislation and Parliamentary Documents meaning of the Parliamentary 5 Committees Act 2003 empowered to take evidence under that Act.". 56. Co-operative Schemes (Administrative Actions) Act 2001 Section 16 of the Co-operative Schemes 10 (Administrative Actions) Act 2001 is repealed. 57. Health Records Act 2001 Section 115 of the Health Records Act 2001 is repealed. 58. Information Privacy Act 2000 15 Section 74 of the Information Privacy Act 2000 is repealed. 59. Judicial College of Victoria Act 2001 For section 19(1) of the Judicial College of Victoria Act 2001 substitute-- 20 "(1) The College must comply with any information requirement lawfully made of it by-- (a) a House of the Parliament; or (b) a Joint Investigatory Committee, the 25 House Committee or the Library Committee, within the meaning of the Parliamentary Committees Act 2003; or (c) a committee of the Legislative Council 30 or Legislative Assembly on a private Bill.". 33 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 7--Consequentials s. 60 60. Parliamentary Officers Act 1975 After section 12A of the Parliamentary Officers Victorian Legislation and Parliamentary Documents Act 1975 insert-- "12B. Certain officers to be under control of 5 House Committee Officers of the Parliament and persons employed in the refreshment rooms and in the Parliament gardens and on the engineering staff are under the control of the 10 House Committee within the meaning of the Parliamentary Committees Act 2003.". 61. Parliamentary Precincts Act 2001 (1) In section 5(2) of the Parliamentary Precincts Act 2001, for "Parliamentary Committees Act 15 1968" substitute "Parliamentary Committees Act 2003". (2) Section 28 of the Parliamentary Precincts Act 2001 is repealed. 62. Parliamentary Salaries and Superannuation Act 20 1968 In the Table to section 6 of the Parliamentary Salaries and Superannuation Act 1968, for the item relating to "Chairman of Joint Investigatory Committee" substitute-- "Chairperson of Joint 10 Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 Chairperson of joint select 5 committee where resolution establishing committee so provides that chairperson is entitled". 34 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 7--Consequentials s. 63 63. Victorian Law Reform Commission Act 2000 For section 20(1) of the Victorian Law Reform Victorian Legislation and Parliamentary Documents Commission Act 2000 substitute-- "(1) The Commission must comply with any 5 information requirement lawfully made of it by-- (a) a House of the Parliament; or (b) a Joint Investigatory Committee, the House Committee or the Library 10 Committee, within the meaning of the Parliamentary Committees Act 2003; or (c) a committee of the Legislative Council or Legislative Assembly on a private 15 Bill.". 64. Whistleblowers Protection Act 2001 For section 57(1)(c)(i) of the Whistleblowers Protection Act 2001 substitute-- "(i) a Joint Investigatory Committee, the House 20 Committee or the Library Committee, within the meaning of the Parliamentary Committees Act 2003; or (ia) a committee of the Legislative Council or Legislative Assembly on a private Bill.". __________________ 25 35 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 8--Transitional s. 65 PART 8--TRANSITIONAL Victorian Legislation and Parliamentary Documents 65. Transitional provision--successor committees (1) In this section-- "former committee" means a committee 5 established under the Parliamentary Committees Act 1968 specified in column 1 of the Table; "successor committee", in relation to a former committee, means the committee specified in 10 column 2 of the Table opposite the former committee. (2) Despite the repeal of the Parliamentary Committees Act 1968-- (a) a successor committee is deemed to be the 15 same body as the former committee; (b) a person who is a member of a former committee immediately before the repeal of the Parliamentary Committees Act 1968 is deemed to be a member of the successor 20 committee; and (c) an inquiry, conducted by a former committee and in respect of which a final report has not been laid before both Houses of the Parliament under section 4O of the 25 Parliamentary Committees Act 1968 before the day on which this Act comes into operation, is deemed to be an inquiry conducted by the successor committee. 36 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Part 8--Transitional s. 65 Table Column 1 Column 2 Parliamentary Committees Parliamentary Committees Victorian Legislation and Parliamentary Documents Act 1968 Act 2003 Drugs and Crime Prevention Drugs and Crime Committee Prevention Committee Economic Development Economic Development Committee Committee Education and Training Education and Training Committee Committee Environment and Natural Environment and Natural Resources Committee Resources Committee Family and Community Family and Community Development Committee Development Committee Law Reform Committee Law Reform Committee Outer Suburban/Interface Outer Suburban/Interface Services and Development Services and Development Committee Committee Public Accounts and Public Accounts and Estimates Committee Estimates Committee Road Safety Committee Road Safety Committee Rural and Regional Services Rural and Regional Services and Development and Development Committee Committee Scrutiny of Acts and Scrutiny of Acts and Regulations Committee Regulations Committee House Committee House Committee Library Committee Library Committee 37 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Endnotes ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 38 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. INDEX Subject Section Victorian Legislation and Parliamentary Documents Act amendments to other Acts 54�64 commencement 2 purposes 1 repeals 53 transitional provisions 65 Assembly powers, rights regarding committees in general 4 House Committee, Library Committee 41, 44 Joint Investigatory Committees 21, 25, 26, 33 Specific Purpose Committees 18�20 standing orders and rules of practice 4, 12 Bills consideration by Scrutiny of Acts and Regulations Committee 17 draft Bills of Joint Investigatory Committees 34 Council powers, rights regarding committees in general 4 House Committee, Library Committee 41, 44 Joint Investigatory Committees 21, 25, 26, 33 Specific Purpose Committees 18�20 standing orders and rules of practice 4, 12 3, 13, 16 Definitions 5, 7 Drugs and Crime Prevention Committee 5, 8 Economic Development Committee 5, 9 Education and Training Committee 5, 10 Environment and Natural Resources Committee 27�29, 32, 37, 45 Evidence 5, 11 Family and Community Development Committee 3, 38�42 House Committee Joint House Committees definition 3 establishment and list of committees 5 term 6 See also the names of individual Committees Joint Investigatory Committees chairpersons 22, 24, 35, 45, 48 definition 3 deputy chairpersons 22 determinations 28, 37 discussions on functioning of 45 documents published by 34, 37, 50 draft Bills 34 evidence 27�29, 32, 37, 45 expenditure 46 hearings 27�28 immunity 50 investigations 30, 37 39 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

Parliamentary Committees Act 2003 Act No. Subject Section membership 21 order of priorities for carrying out functions 33 Victorian Legislation and Parliamentary Documents presence of members of Parliament, public 26 proceedings 45, 50 quorum 23, 25 recommendations and responses 34, 36, 50 referrals to 33 reimbursement of members 47�49 reports 33�35, 45, 50 research staff 30 sittings 25 sub-committees 3, 26, 31�32 submissions to 28 voting 24, 26 witnesses 28, 32 See also Joint House Committees; Specific Purpose Committees 47�49 Joint select committees 5, 12 Law Reform Committee Legislative Assembly, Legislative Council See Assembly; Council 3, 43�44 Library Committee Ministers response to Joint Investigatory Committees' reports 36 33 Orders in Council Outer Suburban/Interface Services and 5, 13 Development Committee Parliament joint standing orders 4, 12 powers conferred on committees by 6, 19, 39, 43 reports by Joint Investigatory Committees to 33�35 See also Assembly; Council Parliamentary precincts (def.) 3 3, 30, 41, 45�47 President 5, 14 Public Accounts and Estimates Committee 33 Referrals 52 Regulations 53 Repeals Reports of Joint Investigatory Committees 33�35, 45, 50 5, 15 Road Safety Committee 4, 12 Rules of practice Rural and Regional Services and Development 5, 16 Committee 5, 17 Scrutiny of Acts and Regulations Committee 3, 30, 41, 45�47 Speaker 3, 18�20 Specific Purpose Committees 4, 12 Standing orders Supreme Court limitation of jurisdiction 51 65 Transitional provisions 40 551119B.A1-28/11/2003 BILL LA AS SENT 28/11/2003

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