parliamentary committees Flashcards
overview of parliamentary committees
- Australia’s parliamentary system is designed to help federal, state, and territory parliaments make and change laws effectively.
- The system is based on the principle of representative government, meaning members of parliament create laws reflecting the views and values of the majority, or risk not being re-elected.
- The bicameral system ensures that proposed laws (bills) are thoroughly discussed and debated by both houses before being enacted.
- The committee system allows federal, state, and territory parliaments to have committees that investigate various legal, social, and political issues and report on the need for law reform.
define committee system
a system in federal,
state and territory
parliaments in Australia
that involves the of
separate working
parties (i.e. committees)
to investigate a wide
range of legal, social
and political issues
and report back to the
parliament about the
need for law reform
define parliamentary
committee
a small group of
members of parliament
who consider and
report on a single
subject in one or both
houses. Committee
members can come
from any party
Introduction to parliamentary committees
- A parliamentary committee consists of government and non-government members tasked with investigating specific issues, policies, or proposed laws (bills) and reporting findings to the parliament.
- Committees are established to examine matters of community interest more efficiently than involving all parliament members.
- The committee system is vital as it allows for thorough evaluation of the need for law reform and enables community input into parliamentary decision-making.
- Committees consult with various stakeholders, including individuals, experts, businesses, and government departments, to gather diverse perspectives on issues.
- Final reports from committees help inform parliament before making significant decisions, such as supporting a bill.
- Committees can check government activities by calling individuals and experts to provide evidence and answer questions during investigations.
- There are various types of parliamentary committees, which may include members from both houses or just one house and can be either ongoing or temporary.
- Victorian parliamentary committees typically consist of six to ten members, supported by a secretariat for administrative tasks.
- Federal committees generally range from seven to 32 members, with participation considered a duty of elected members at the state level.
Processes used by parliamentary committees
- Receives the terms of reference
- Publicises its terms of reference and seeks input
- Undertakes public (or on occasion private) hearings
- Prepares a written report
Receives the terms of reference
that specify the precise purpose of the inquiry the specific issues that must be investigated and the date by which the final report must be completed
Publicises its terms of reference and seeks input
from interested individuals, experts, groups
and organisations within the community, via written submissions. This includes advertising in
broadcast media such as newspapers, and using digital media, including social media
Undertakes public (or on occasion private) hearings.
This involves the committee inviting
a range of people (e.g. experts in the matter under review and representatives from different
interested groups and organisations) to provide their input, give evidence relating to the matter
under investigation and answer specific questions from committee members. Most committees
have the power to call or require certain individuals and experts, like people who work in
government departments, to give evidence, answer specific questions and explain their actions.
If a person who is called to give evidence to a committee refuses to attend or answer specific
questions, they can receive a formal reprimand or some other form of penalty
Prepares a written report
once all the submissions have been received and considered, and
all hearings have concluded. The report will contain recommendations for law reform or actions
and will be presented to the parliament for consideration. Generally all written submissions and
hearings are published in Hansard and made public on the parliament’s website.
Specific committees and recent inquiries
The four main types of parliamentary committees in both the Victorian and Commonwealth
parliaments are:
* standing committees
* select committees
* joint investigatory committees
* domestic committees
Standing committees
- Standing Committees are appointed for the life of a parliament and are usually re-established in successive parliaments.
- They investigate a range of specific issues and provide ongoing checks on government activities.
- Standing committees can be established solely within one house or can be joint committees with members from both houses.
- Example: The Victorian Standing Committee on Legal and Social Issues inquires into and reports on matters related to community services, education, gaming, health, and law and justice.
Select committees
Parliamentary committees appointed to investigate a specific issue as
the need arises. Once the inquiry is completed the committee ceases to
exist. Select committees are made up of members from only one house
of parliament.
Joint investigatory
committees
- Joint Committees are appointed each parliamentary term to examine various issues or matters.
- They consist of members from both houses of parliament.
- In Victoria, several joint investigatory committees are established under the Parliamentary Committees Act 1968 (Vic).
- Joint committees are usually longstanding (standing committees) but can also be select committees for specific investigations.
- Examples of joint investigatory committees in the Victorian Parliament include:
- Scrutiny of Acts and Regulations Committee
- Integrity and Oversight Committee
- Public Accounts and Estimates Committee
Domestic
committees
- House Committees are appointed to examine issues related to the internal operations and practices of parliament, including administrative and procedural matters.
- They consist of members from only one house.
- An example is the Privileges Committee of the Legislative Assembly, which investigates complaints about breaches of parliamentary privilege in the lower house of the Victorian Parliament.
an inquiry into anti-vilification protection conducted by a Victorian
Legislative Assembly standing committee
- Legislative Assembly Legal and Social Issues Committee: A Victorian parliamentary standing committee examining community services, education, gaming, health, and law and justice.
- Inquiry into Anti-Vilification Laws: Initiated in September 2019 to evaluate the effectiveness of existing anti-vilification laws and consider extending protections to unprotected groups.
- Racial and Religious Tolerance Act 2001 (Vic): Aims to protect specific groups from racial and religious vilification, banning conduct that incites hatred and preventing victimisation for reporting vilification.
- Concerns about the RRTA: Critics argue the definition of vilification does not match the experiences of those facing hate speech, cyber-bullying, and trolling.
-
Inquiry Process:
- Public submissions invited; 73 received from individuals and organisations (e.g., Lifeline Australia, Jewish Community Council of Victoria).
- Seven days of public hearings held for in-depth sharing of experiences and suggestions for law reform.
-
Recommendations Released in March 2021: 36 recommendations made to strengthen anti-vilification laws, including:
- Extending protections to more attributes (e.g., gender identity, disability).
- Funding research into vilification conduct and prevention strategies.
- Implementing education programs in schools and community awareness campaigns.
- Reforming serious vilification offence laws, including reviewing maximum penalties.
- Creating a new criminal offence banning public display of Nazi symbols.
-
Government Response:
- In September 2021, the Victorian Government supported most recommendations, indicating further community consultation would precede implementation of some.
- In June 2022, the Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022 (Vic) was passed to ban public display of Nazi symbols, imposing fines and potential imprisonment for offenders.
