Parliamentary Committees

Legislative Review Committee: Annual Report 2017

Mr TEAGUE (Heysen) (11:23): I move:

That the Annual Report 2017 of the committee be noted.

I rise to present the Legislative Review Committee's 2017 annual report on behalf of the committee. As with similar parliamentary committees in Australia, a key function of the Legislative Review Committee is to undertake a technical review of regulations, rules and by-laws that are tabled in parliament each year. The committee has adopted scrutiny principles to guide this technical review: for example, whether regulations, rules and by-laws in the parliament unduly trespass on rights previously established by law.

In 2017, the committee reviewed 346 regulations, 23 court rules, four other rules and 59 by-laws against these principles. The majority of these instruments tabled in the parliament in 2017 raised no issues in relation to the committee's scrutiny principles. The committee, however, did identify errors in four regulations, which required further legislation to fix. The committee also sought information from government agencies and others in relation to another 18 regulations.

The committee's annual report provides a brief summary of issues raised by the committee in the year and the outcome of the committee's investigations. The committee's review of regulations, rules and by-laws is an important check on laws made by a delegated authority. In turn, this can and does influence the practices adopted by government agencies and others involved in the making of these instruments.

For example, the committee's review of the early commencement of regulations has seen a notable reduction in the frequency of certificates for early commencement from close to 95 per cent in the committee's 2015 annual report to 84 per cent in 2017. While still high, the committee's report details the range of reasons why so many regulations commence earlier than four months after a regulation is made. These reasons include the annual increase of fees and charges in regulations as part of the state budget. In addition to the committee's technical review of regulations, rules and by-laws, the committee also undertakes inquiries into particular legislative matters.

On 4 July 2017, the committee was pleased to table in both houses of parliament a report of its inquiry into the operation and impact of the Graffiti Control (Miscellaneous) Amendment Act 2013, amendments to the Graffiti Control Act 2001. On 31 October 2017, the committee also tabled a report of an inquiry that reviewed the committee's 2014 report into the partial defence of provocation. During the year, the committee also commenced an inquiry into the regulation of parking and traffic movement in South Australia. At the end of the reporting period, the inquiry was ongoing.

I take this opportunity to thank the diligent and particularly dedicated and hardworking members of the committee's secretariat. I also recognise and thank the members of the committee for their work in 2017. In recognising the committee's staff for their service and, as a new member of that committee in this 54^th parliament, I particularly recognise the assistance that is provided to the committee by Mr Matt Balfour. I commend the report to the house.

Motion carried.