23
similar to that followed in New Zealand. In essence, it requires consideration of
possible compliance issues by the sponsoring department, the Office of the
Queensland Parliamentary Counsel, and Cabinet before examination by the Scrutiny
of Legislation Committee. A similar process is followed for delegated legislation
with the added requirement of certification by the Office of the Queensland
Parliamentary Counsel. New Zealands Parliamentary Counsel also have a similar
certification responsibility in regard to delegated legislation. Queensland differs
from New Zealand in having a parliamentary committee specifically charged by
statute with scrutinising Acts.
39
In Victoria, Australia, a Scrutiny of Acts and Regulations Committee is established
by the Parliamentary Committees Act 2003. The Committees functions include
reporting to Parliament whether any Bill
trespasses unduly on rights or freedoms
makes rights, freedoms, or obligations dependent on insufficiently defined
administrative powers
makes rights, freedoms, or obligations dependent on non-reviewable
administrative decisions
unduly requires or authorises acts or practices that may have an adverse
effect on personal privacy within the meaning of the Privacy Act 2000
unduly requires or authorises acts or practices that may have an adverse
effect on privacy of health information within the meaning of the Health
Records Act 2001
inappropriately delegates legislative power
insufficiently subjects the exercise of legislative power to parliamentary
scrutiny.
40
The Scrutiny of Acts and Regulations Committee has additional functions conferred
on it by the Subordinate Legislation Act 1994. Under that Act, the Committee is