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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-07-06 Daily Xml
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Parliamentary Committees

Legislative Review Committee: Annual Report 2015

The Hon. G.A. KANDELAARS (16:05): I move:

That the report of the committee, 2015, be noted.

The Legislative Review Committee is pleased to present the committee's annual report for 2015. This annual report is the first annual report of the committee since November 1998. It is the committee's intention to report annually for the calendar year and that we intend to continue. The annual report provides information about the committee's inquiry into and consideration of regulations referred to the committee in accordance with section 10A of the Subordinate Legislation Act 1978 and the committee's inquiries into matters referred to the committee by the parliament.

In 2015, the committee inquired into and considered 259 regulations, 37 rules and 66 by-laws. The committee asked representatives of five Public Service agencies and two advisory bodies to appear before the committee to further assist the committee's inquiry and consideration of 15 regulations. The committee's inquiry into and consideration of regulations tabled in the parliament was assisted by delegated authorities providing the committee with a supporting report to a regulation that sets out matters, including the effect of each provision in the regulation, details about any consultation undertaken by the regulator before the regulation was made, and if the minister under which the regulation is made certifies an early commencement of the regulation under section 10AA(2) of the Subordinate Legislation Act 1978, the reason or reasons for the early commencement.

The committee expresses its gratitude to delegated authorities for continuing to provide the committee with supporting reports. Without the supporting reports, the committee would not be able to properly inquire into and consider regulations referred to it. The report also includes information about early commencement of regulations, rules and by-laws. In relation to regulations, the report found that 94.6 per cent of regulations tabled in 2015 commenced earlier than the four months provided under section 10AA(1) of the Subordinate Legislation Act 1978.

However, the report goes on to detail the range of reasons for this early commencement. These reasons include to increase fees and charges for the state budget, which accounts for 45.7 per cent of early commencement regulations; to correct an error, clarify a matter or resolve an inconsistency in regulations, 7.8 per cent of early commencement regulations; to pass on a benefit to those affected by the regulation, 8.6 per cent of early commencement regulations; for health and safety reasons, 5.3 per cent of early commencement regulations; to coincide with or support other legislative changes, 16.3 per cent of early commencement regulations. Importantly, while the number of regulations commencing earlier than four months provided for in section 10AA(1) of the Subordinate Legislation Act 1978 is high, further examination shows legitimate and acceptable reasons for the vast majority of regulations commencing early.

In relation to both rules and by-laws, the report found that rules and by-laws did not commence earlier than provided for, either by the act under which the rule or by-law was made or in accordance with section 10AA(1) of the Subordinate Legislation Act 1978. In relation to the committee's inquiry work, the annual report includes information on three inquiries conducted by the committee in 2015, including the committee's inquiry into the Sexual Reassignment Repeal Bill 2014 which was referred to the committee on 3 December 2014. The committee's report on this inquiry was tabled in the parliament on 12 April 2016.

The committee's review of its report into the Partial Defence of Provocation was tabled in both houses of parliament on 2 December 2014 in light of the High Court's decision in R v Lindsay. The review is ongoing. The committee conducted an inquiry into the amendment to the Births, Deaths and Marriages Registration Regulations 2011 to enable de facto relationships to be recognised on the register recording the death of a person's certificate. The committee is currently deliberating on this report.

In conclusion, I would like to acknowledge the work of fellow committee members: Ms Annabel Digance (member for Elder), who has just resigned from the committee: Mr Lee Odenwalder (member for Little Para); Ms Isobel Redmond (member for Heysen); the Hon. John Darley; and the Hon. Andrew McLachlan. I would also like to acknowledge the committee's hardworking staff: Mr Matt Balfour (committee secretary) and Mr Ben Cranwell (research officer). I commend the report to the council.

Debate adjourned on motion of Hon. J.M. Gazzola.

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