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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-10-17 Daily Xml
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Legislative Review Committee: Annual Report 2017

The Hon. T.J. STEPHENS (16:07): I move:

That the report of the committee, entitled Annual Report 2017, be noted.

I rise to present the Legislative Review Committee's Annual Report 2017 on behalf of the committee. As with other 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 the parliament each year. The committee has adopted scrutiny principles to guide this technical review, for example, whether regulations rules and by-laws tabled 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 raise no issues in relation to the committee's scrutiny principles. However, the committee 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 reviews of regulations rules and by-laws is an important check on laws made by a delegated authority. This, in turn, 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 a 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 and 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 thank the members of the committee for their work in 2017. I also thank the diligent and hardworking committee staff for their service during the year, and I commend the report to the council.

Debate adjourned on motion of Hon. J.E. Hanson.

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