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Parliament of Queensland Amendment Bill 2009
Parliament of Queensland Amendment
Bill 2009
Explanatory Notes
Title of the Bill:
Parliament of Queensland Amendment Bill 2009.
Objective of the legislation:
The Parliament of Queensland Amendment Bill 2009 (the Bill) amends the
Parliament of Queensland Act 2001:
· to provide for the Law, Justice and Safety Committee in place of the
Legal, Constitutional and Administrative Review Committee
(LCARC). It is proposed that this committee will retain the existing
functions of LCARC, with the addition of a new area of responsibility
which covers an area of law, justice or safety that is referred to it by
the Legislative Assembly; and
· by combining the Public Accounts Committee and the Public Works
Committee and their functions to form the Public Accounts and Public
Works Committee.
Reasons for the objective and how it will be achieved:
The Bill forms part of a restructure of the parliamentary committee system.
The proposed structure is designed to create a committee system more
focused on developing best practice policy and legislative solutions to
issues facing Queenslanders, while maintaining the necessary oversight
role parliamentary committees provide. It will align more closely with the
current departmental arrangements and the priorities of the Government.
The Bill will result in the Parliament having six statutory committees.
The Bill will amend the Parliament of Queensland Act 2001 to create a
Law, Justice and Safety Committee in place of LCARC and amalgamate
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Parliament of Queensland Amendment Bill 2009
the Public Accounts Committee and the Public Works Committee and their
functions to form the Public Accounts and Public Works Committee.
The functions of the Members' Ethics and Parliamentary Privileges
Committee, the Scrutiny of Legislation Committee, the Standing Orders
Committee and the Parliamentary Crime and Misconduct Committee will
remain unchanged under the Bill.
The Law, Justice and Safety Committee will be a statutory committee as it
will take on the legislated functions of LCARC. However, it is proposed
that additional `policy' functions of a parliamentary committee will be
conferred on the committee by resolution, as with the other parliamentary
committees. The policy functions will cover an area regarding law, justice
and safety that is referred to the committee by the Legislative Assembly.
To complement the statutory committees, it is proposed to establish three
parliamentary committees to consider policy issues relevant to the portfolio
areas of Economic Development, Environment and Resources and Social
Development.
A resolution of the Parliament will be required to add parliamentary
committee functions to the Law, Justice and Safety Committee (in addition
to the functions currently held by LCARC) and establish and confer
functions and powers to three parliamentary committees: namely the
Economic Development Committee, the Environment and Resources
Committee and the Social Development Committee.
Alternative method of achieving the policy objectives:
There is no alternative method of achieving the policy objectives as
changing the statutory committees requires amendment of existing
legislation.
Estimated cost for Government implementation:
Future administrative costs to the Government will be minimal and will be
met from within existing budget allocations.
Consistency with Fundamental Legislative Principles:
The Bill is consistent with the fundamental legislative principles set out in
the Legislative Standards Act 1992.
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Parliament of Queensland Amendment Bill 2009
Notes On Clauses
Part 1 Introduction
Clause 1 sets out the short title of the Bill.
Part 2 Amendment of Parliament of
Queensland Act 2001
Clause 2 states that this Act amends the Parliament of Queensland Act 2001
(the Act).
Clause 3 removes a reference to the "Public Accounts Committee" in
section 9 of the Act and replaces it with "Public Accounts and Public
Works Committee".
Clause 4 corrects the numbering referred to in the definition of "public
works" included in section 79 (Definitions for chapter 5).
Clause 5 omits section 80 and replaces it with a new section which includes
references to the "Law, Justice and Safety Committee" and the "Public
Accounts and Public Works Committee".
Clause 6 changes the heading of chapter 5, part 4, division 1 from "Legal,
Constitutional and Administrative Review Committee" to "Law, Justice
and Safety Committee".
Clause 7 changes the heading of section 85 of the Act from "Areas of
responsibility of Legal, Constitutional and Administrative Review
Committee" to "Areas of responsibility of Law, Justice and Safety
Committee". This clause also includes a new provision in subsection 85(2)
of the Act which provides for an additional area of responsibility for the
Law, Justice and Safety Committee, being "an area regarding law, justice
and safety that is referred to the committee by the Assembly".
Clause 8 omits chapter 5, part 4, division 3 of the Act, which relates to the
functions of the Public Accounts Committee.
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Parliament of Queensland Amendment Bill 2009
Clause 9 changes the heading of chapter 5, part 4, division 4 from "Public
Works Committee" to "Public Accounts and Public Works Committee".
Clause 10 changes the heading of section 96 of the Act from "Areas of
responsibility of Public Works Committee" to "Areas of responsibility of
Public Accounts and Public Works Committee". The clause omits
subsection 96(1) of the Act and replaces it with a new subsection which
combines the areas of responsibility of the Public Accounts Committee and
the Public Works Committee, as contained in current sections 94 and 96(1)
of the Act.
Clause 11 recreates section 95 (Reference of issues to auditor-general) as
new section 96 and changes a reference from the "Public Accounts
Committee" to the "Public Accounts and Public Works Committee".
Clause 12 is sourced from section 98 of the Act and changes a reference
from the "Public Works Committee" to the "Public Accounts and Public
Works Committee".
Clause 13 amends references to the "Public Works Committee" in current
sections 99 to 102 to read "Public Accounts and Public Works Committee".
Clause 14 corrects the numbering of chapter 5, part 4, divisions 5 (Scrutiny
of Legislation Committee) and 6 (Standing Orders Committee).
Clause 15 inserts a transitional provision into the Act to ensure that
references to the Legal, Constitutional and Administrative Review
Committee, the Public Works Committee or the Public Accounts
Committee in other Acts or documents are taken as references to the Law,
Justice and Safety Committee or the Public Accounts and Public Works
Committee, as appropriate.
Part 3 Amendment of Other Acts
Clause 16 inserts a new schedule to the Act which provides for minor
consequential amendments to be made to the Electoral Act 1992, Financial
Administration and Audit Act 1977, Freedom of Information Act 1992,
Government Owned Corporations Act 1993, Ombudsman Act 2001 and
Whistleblowers Protection Act 1994 to reflect the new titles of the statutory
committees.
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© State of Queensland 2009