Ruth Webber (WA, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of Senator Robert Ray, I present the second report of 2007 of the Senate Standing Committee for the Scrutiny of Bills. I also lay on the table Scrutiny of Bills Alert Digest No. 2 of 2007, dated 28 February 2007.

Ordered that the report be printed.

I move:

That the Senate take note of the report.

I seek leave to incorporate Senator Ray’s tabling statement in Hansard.

Leave granted.

The statement read as follows—

Since its establishment the committee has consistently drawn the Senate’s attention to legislation which allows significant and wide-ranging powers to be delegated to a poorly defined or broad range of people. The committee’s expectation is that the delegation of powers should be limited in some way, by either restricting the class of person to whom the powers or functions can be delegated or by limiting the range of powers and functions which can be delegated. 

Where there are valid reasons for broad delegations, these reasons should be clearly articulated in the explanatory memorandum to the bill. The Committee was pleased to note that two of the bills considered in Alert Digest No 2 of 2007 did just that.

The Offshore Petroleum Amendment (Greater Sunrise) Bill 2007, provides for the wide delegation of functions and powers to a member of the Senior Executive Service in the Australian Public Service or ‘an employee of a State or the Northern Territory’. The explanatory memorandum explains that, due to the different rank profiles in the State and Northern Territory public services, the bill could not be more specific regarding the class of public servant in these jurisdictions to whom powers may be delegated.

Similarly, the explanatory memorandum to the Aged Care Amendment (Security and Protection) Bill 2007 recognises the need, normally, to limit the power to delegate to certain functions or to certain people, but provides reasons why this was not appropriate in this instance. In addition, the bill includes a provision requiring the Aged Care Commissioner, in exercising his or her powers to delegate, to ‘have regard to the functions to be performed by the delegate and the responsibilities of the Australian Public Service employee to whom the function is to be delegated’.

Regrettably, not all of the Bills considered by the Committee addressed this issue effectively. The Human Services (Enhanced Service Delivery) Bill 2007, for example, provides for the delegation of wide ranging powers and functions to a large group of people, with few limits on the type or nature of the powers and functions which may be delegated. The Committee draws this matter to the attention of senators.

On behalf of the Committee I would also like to thank the Minister for Justice and Customs for implementing his promised amendments to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, to change a number of offences in the bill from absolute criminal liability to strict liability. The Minister’s commitment to make these changes  was recorded in the Committee’s Thirteenth Report of 2006.

Finally on behalf of all Committee members, I would like to thank the outgoing Committee Secretary, Ms Jeanette Radcliffe, for her hard work and dedication to the Committee over the last 12 months. Jeanette has made a significant contribution to the Committee and will be sorely missed. The Committee wishes her well in her new position as Secretary of the Rural and Regional Affairs and Transport Committee.