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1
Parliamentary Committees and Criminal Justice
Amendment Bill 2001
PARLIAMENTARY COMMITTEES AND
CRIMINAL JUSTICE AMENDMENT BILL
2001
EXPLANATORY NOTES
Title of the Bill
Parliamentary Committees and Criminal Justice Amendment Bill 2001
Policy Objectives of the Bill
The objective of the Bill is to alter the membership of parliamentary
committees to seven members, four members being nominated by the
Government and three members being nominated by the Opposition.
Achieving the Policy Objectives of the Legislation
At present, the Standing Rules and Orders of the Legislative Assembly of
Queensland 1999 (Standing Order 182), provide that a committee shall
consist of no more than eight members. The eight parliamentary
committees of the Forty-ninth Parliament comprised six members
including the chair.
It is proposed that membership of the statutory parliamentary
committees should more closely reflect the new level of representation of
Government and Opposition Members in the House.
The Bill has been prepared to amend sections 4A(1) and 4A(2) of the
Parliamentary Committees Act 1995 and sections 116(1) and 116(2) of the
Criminal Justice Act 1989, to alter the membership of parliamentary
committees to seven members, four members being nominated by the
Government and three members being nominated by the Opposition. The
wording in the Bill is consistent with the various pieces of legislation that
set the size and composition of parliamentary committees prior to 1996.
Under the Parliamentary Committees Act 1995 and the Criminal Justice
Act 1989, the quorum of a current parliamentary committee is half the
2
Parliamentary Committees and Criminal Justice
Amendment Bill 2001
number of members appointed plus one. Under the proposed amendment
to section 4B(a) of the Parliamentary Committees Act 1995 and section
117(a) of the Criminal Justice Act 1989, the quorum will be four members.
Under section 4B(c) of the Parliamentary Committees Act 1995 and
section 117(c) of the Criminal Justice Act 1989, which are not being
amended, the chairperson will continue to have both a deliberative and
casting vote.
Administrative Cost
Although a maximum of eight members is currently permissible, the
eight parliamentary committees of the Forty-ninth Parliament were
comprised of six members including the chair. Accordingly, the
Parliamentary Service has advised that the budget allocation for the current
financial year for salaries for committee members is based on eight
committees comprising six members.
At present, an additional salary of $5,482 is paid to a member of a
parliamentary committee. An increase in actual membership, from the
current status of six to the proposed level of seven, could potentially mean
an additional $5,482 per parliamentary committee will be required.
Consistency with Fundamental Legislative Principles
The Bill is consistent with the fundamental legislative principles defined
in section 4 of the Legislative Standards Act 1992. Section 4 requires that
legislation has sufficient regard to:
(a) the rights and liberties of individuals; and
(b) the institution of Parliament.
Consultation
The Director of Finance from the Parliamentary Service was consulted
about the financial implications of altering the maximum size of
parliamentary committees. The Leader of the Opposition was consulted on
the number of non-Government members on parliamentary committees.
3
Parliamentary Committees and Criminal Justice
Amendment Bill 2001
NOTES ON CLAUSES
Clause 1 of the Bill provides that the short title of the Act is to be the
Parliamentary Committees and Criminal Justice Amendment Act 2001.
Clause 2 of the Bill provides that the Act amends the Parliamentary
Committees Act 1995.
Clause 3 amends section 4A(1) of the Parliamentary Committees Act
1995 by altering the membership to parliamentary committees to seven
members, four being nominated by the Government and three being
nominated by the Opposition. Clause 3 also amends section 4A(2) of the
Parliamentary Committees Act 1995 by specifying that the Leader of the
House nominates the chairperson of a statutory committee.
Clause 4 amends section 4B of the Parliamentary Committees Act 1995
by setting the quorum at four members and omitting the example of how a
quorum may be appointed.
Clause 5 of the Bill provides that the Act amends the Criminal Justice
Act 1989.
Clause 6 amends section 116(1) of the Criminal Justice Act 1989 by
altering the membership of the Criminal Justice Committee to seven
members, four being nominated by the Government and three being
nominated by the Opposition. Clause 6 also amends section 116(2) of the
Criminal Justice Act 1989 by specifying that the Leader of the House
nominates the chairperson of the Criminal Justice Committee.
Clause 7 amends section 117 of the Criminal Justice Act 1989 by setting
the quorum at four members and omitting the example of how a quorum may
be appointed.
© State of Queensland 2001