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Inquiry Details

Family Impact Commission Bill

The Committee was first established on 24 May 1995. The Committee was re-appointed on 25 May 1999 for the previous Parliament. It is anticipated that the Committee will be reappointed during the first session of the current Parliament. The functions of the Committee are to inquire into, consider and report on matters concerned with legal and constitutional issues including law reform, parliamentary matters, criminal law and administrative law; issues arising in connection with the New South Wales criminal justice system, including matters concerned with Attorney General, police and corrective services and juvenile justice; industrial relations; emergency services and fair trading.

That three Standing Committees reflecting the distribution of Government Ministers’ portfolio responsibilities, as indicated below, be appointed: Law and Justice Committee Police Attorney General, Industrial Relations Emergency Services, Corrective Services Fair Trading Juvenile Justice Social Issues Committee Arts, Citizenship Urban Affairs and Planning, Aboriginal Affairs, Housing Health Education and Training Community Services, Aging, Disability Services, Women Gaming and Racing Sports and Recreation State Development Committee Treasury, State Development Olympics Transport and Roads Information Technology, Energy, Forestry, Western Sydney Agriculture, Land and Water Conservation Environment Local Government, Regional Development, Rural Affairs Public Works and Services Small Business, Tourism Mineral Resources, Fisheries The functions of the Law and Justice Committee are, where required or permitted by this resolution, to inquire into, consider and report to the Legislative Council from time to time on: matters concerned with legal and constitutional issues including law reform, parliamentary matters, criminal law and administrative law, issues arising in connection with the New South Wales criminal justice system, including matters concerned with the Attorney General, police, corrective services and juvenile justice, industrial relations, emergency services, and fair trading The functions of the Social Issues Committee are, where required or permitted by this resolution, to inquire into, consider and report to the Legislative Council from time to time on: any proposal, matter or thing concerned with the social development of the people in all areas of New South Wales, the equality of access to the services and benefits including health, education, housing and disability services provided by the government and non-government sector to the people in all areas of New South Wales, recreation, gaming, racing and sporting matters, and the role of government in promoting community services and the welfare of the people in all areas of New South Wales. The functions of the State Development Committee are, where required or permitted by this resolution, to inquire into, consider and report to the Legislative Council from time to time on: options for future policy directions and emerging issues to ensure that opportunities for sound growth and wise development for the benefit of the people in all areas of New South Wales are pursued, any proposal, matter or thing concerned with economics and finances, resources and energy, transportation, tourism, public administration, local government, the Olympics, primary industry, industrial and technological developments and environmental issues in New South Wales, and any proposal, matter or thing concerned with the problems or disadvantages uniquely or predominantly experienced in country areas, including the viability of cities and towns in those areas. The Law and Justice Committee is to consist of 5 members, of whom: 3 must be Government members, and 2 must be non-Government members. The Social Issues Committee is to consist of 5 members, of whom: 3 must be Government members, and 2 must be non-Government members. The State Development Committee is to consist of 5 members, of whom: 3 must be Government members, and 2 must be non-Government members. The Standing Committees are to comprise the following members: Law and Justice Committee—Mr Dyer, Mr Hatzistergos, Ms Saffin, 1 member nominated by the Leader of the Opposition and 1 member nominated by the Cross Bench Members. Social Issues Committee—Ms Burnswoods, Mr Manson, Mr Tsang, 1 member nominated by the Leader of the Opposition and 1 member nominated by the Cross Bench Members. State Development Committee—Mr Kelly, Mr Johnson, Mr Macdonald, 1 member nominated by the Leader of the Opposition and 1 member nominated by the Cross Bench Members. In the absence of any agreement the representation on a Committee is to be determined by the House. Nominations for membership of the Committees are to be in writing to the Clerk of the House within 7 days. The quorum of a Standing Committee is three members, of whom two must be Government members and one a non-government member. If a member fails to attend 4 consecutive meetings of a Standing Committee without leave of the Committee, the absence is to be reported to the House. A Standing Committee has power to appoint sub-committees consisting of two or more of its members, of whom one must be a Government member: to assist the Committee in the exercise of any of its functions, or to investigate and report on any matter referred to the Committee. The Committee is to appoint one of its members to act as Chair of any sub-committee and the member appointed has a deliberative vote and, in the event of an equality of votes, a casting vote. The quorum of a sub-committee is two. A sub-committee is to report to the Committee on any matter referred to it by the Committee. The Committee may: adopt the report, reject the report, or adopt the report with variation. A sub-committee is to conduct its meetings and business in the same manner as the Committee appointing it. The Leader of the Government is to nominate in writing to the Clerk of the House the Chair of each Standing Committee. The Leader of the Opposition is to nominate in writing to the Clerk of the House the Deputy Chair of each Standing Committee. The member nominated as Deputy Chair is to act as Chair when the Chair is absent from a meeting. In the absence of both the Chair and Deputy Chair from a meeting of a Standing Committee, a member of the Committee is to be elected by the members present to act as Chair for that meeting of the Committee. The Chair, Deputy Chair or other member acting as Chair at a meeting of a Committee has a deliberative vote and, in the event of an equality of votes a casting vote. The Chairs of the Standing Committees may report to the President on any matters relating to the functioning and operation of the Standing Committees. Except as provided in this resolution, a Standing Committee: is to inquire into, consider and report to the House on any proposal, matter or thing relevant to the functions of the Committee which is referred to the Committee: by resolution of the House, or by a Minister of the Crown, and may inquire into and report to the House on any annual report or petition relevant to the functions of the Committee which is referred to the Committee under paragraph 15. Whenever a Standing Committee receives such a reference from a Minister of the Crown or resolves to inquire into a matter, the Chair is to report the terms of the reference or the resolution to the House at the earliest practicable opportunity. All annual reports and petitions laid upon the Table of the Legislative Council, stand referred without any question being put, to the Standing Committees for consideration and, if necessary, report. The Clerk of the House is to transmit a copy of each annual report and petition to the Standing Committee deemed appropriate by the President. The priority to be accorded to a reference received by a Standing Committee may be determined by the Chair of the Committee. A Standing Committee or any sub-committee has power: to send for and examine persons, papers, records and things, to adjourn from place to place, and to make visits of inspection within NSW and, with the approval of the President, elsewhere in Australia and outside Australia. A Standing Committee, with the approval of the President is to be provided with such finance, staff, facilities and resources, including specialist consultants, as may be necessary to enable it to carry out its functions. A Standing Committee may, with the consent of the appropriate Minister, make use of the services of any staff or facilities of a government department, administrative office or public body. Any person or body may make written submissions to a Standing Committee with respect to any inquiry being conducted by the Committee. A Standing Committee is to take all evidence in public, unless a Committee otherwise decides. Unless a Standing Committee otherwise decides, a person or body is not entitled or permitted to be represented by counsel or a solicitor at a hearing of the Standing Committee. A Standing Committee has power to request the attendance of and examine members of the House. Unless a Standing Committee otherwise decides, a member of the House who is not a member of the relevant Committee may take part in the public proceedings of a Committee and question witnesses but may not vote, move any motion or be counted for the purpose of any quorum or division. A Standing Committee or any sub-committee may: join together with any other Standing or Select Committee of the House or the Legislative Assembly to take evidence, deliberate and make joint reports on matters of mutual concern, and meet with any other State or Commonwealth parliamentary committees to inquire into matters of mutual concern. A Standing Committee has power to publish, before presentation to the House, submissions received and evidence taken in public. A Standing Committee: may make available to any member of the public a copy of: any written submissions made to it, the report of any inquiry carried out by it, or the record of any evidence taken in public, and may charge a reasonable sum for making copies available, and is to place a copy of all evidence taken in public by a Standing Committee in the Parliamentary Library. Standing Committee has leave to report to the House from time to time its proceedings, evidence taken in public, and recommendations as it deems fit. A Standing Committee may include in any report made to the House a draft Bill to give effect to such of the recommendations of the Committee which cannot be given effect except by an Act. For the purposes of preparing a draft Bill for incorporation in a report to the House a Standing Committee may, with the consent of the relevant Minister, make use of the services of any staff of the Parliamentary Counsel’s Office. A Standing Committee may publish discussion papers for the purpose of any inquiry. One or more members of a Standing Committee may append to a report of the Committee made to the House a statement of dissent in relation to any part of the report. The report of a Standing Committee is to be tabled in the House within 10 calendar days of the report being adopted by the Committee. On tabling of a report from a Standing Committee a motion may be moved without notice “That the House take note of the report”. At the conclusion of the speech of the mover, the debate is to be adjourned to the next Wednesday. The Order of the Day for the resumption of the debate is to take precedence after Question Time. Unless otherwise ordered, the Order of the Day for the resumption of debates on Committee reports is to be set down on the Notice Paper in the order in which the reports were presented. The debate on Committee reports on any Wednesday on which the debate has precedence after Question Time is to be interrupted after 1 hour. The interrupted debate is to stand adjourned and be set down on the Business Paper for the next Wednesday on which it has precedence after Question Time. Each speaker in the debate on Committee reports on any Wednesday on which the debate has precedence after Question Time is to be limited to 20 minutes. If the House is not sitting when a Committee wishes to report to the House, the Committee is to present copies of its report to the Clerk of the House. A report presented to the Clerk is: on presentation, and for all purposes, deemed to have been laid before the House, to be printed by authority of the Clerk, for all purposes, deemed to be a document published by order or under the authority of the House, and to be recorded in the Minutes of the Proceedings of the House. On the tabling of a report from a Standing Committee, which recommends that action be taken by the Government: the Clerk of the House is to refer the report to the Leader of the Government in the House who must within 6 months of a report being tabled, report to the House what action, if any, the Government proposes to take in relation to the recommendations of the Committee. if, at the time at which the Government seeks to report to the House, the House is not sitting, a Minister may present the response to the Clerk of the House. A response presented to the Clerk is: on presentation, and for all purposes, deemed to have been laid before the House. to be printed by authority of the Clerk. for all purposes, deemed to be a document published by order or under the authority of the House, and to be recorded in the Minutes of the Proceedings of the House. The President is to report to the House when any Government response has not been received within the 6 month deadline. A Standing Committee or any sub-committee must not sit while the House is sitting, unless the House otherwise orders. A report is to be prepared on the performance of each Standing Committee each financial year for inclusion in the annual report of the Legislative Council. The Clerk of the House is to fix the time and place for the first meeting of each Standing Committee in such a manner as the Clerk thinks fit. The above provisions have effect notwithstanding anything to the contrary in the Standing Orders.


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