Parliamentary Committees Act 1991 (South Australia)

The Parliamentary Committees Act 1991 (SA) establishes a system of permanent parliamentary committees, fixes membership rules, allocates functions and powers to each committee, prescribes procedures for references, reporting and ministerial responses, and sets out general rules for committee procedure, powers and immunities. Mechanically the Act does the following.

Creates named committees and prescribes their constitution: Economic and Finance Committee (s 4-6), Environment, Resources and Development Committee (s 7-9), Legislative Review Committee (s 10-12), Public Works Committee (Pt 4A, ss 12A-12C), Social Development Committee (ss 13-15), Statutory Authorities Review Committee (ss 15A-15C), Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation (ss 15D-15F), Statutory Officers Committee (ss 15G-15I), Natural Resources Committee (ss 15J-15L), Crime and Public Integrity Policy Committee (ss 15M-15O), and others added over time. Each committee has a defined membership number and appointing House or Houses (for example Economic and Finance: seven members of the House of Assembly, s 5(1); Statutory Authorities Review: five members of the Legislative Council, s 15B(1)).
Sets eligibility and appointment rules: most committees exclude Ministers of the Crown from appointment (e.g. s 5(2), s 8(3), s 11(3)), but the Natural Resources Committee specifically permits Ministers to be members (s 15K(3)). Each committee must appoint a Presiding Member according to rules which vary by committee; where the committee cannot decide the relevant appointing House resolves the issue (see, for example, s 5(3), s 8(4), s 11(4)).
Allocates subject-matter functions to each committee: functions are statutory and focused. Examples include: Economic and Finance Committee , inquiries into finance and economic development, public sector efficiency and regulation of business (s 6); Legislative Review Committee , legal, constitutional and parliamentary reform and review of expiring Acts and subordinate legislation (s 12); Public Works Committee , scrutiny of public works, including necessity, public value, recurrent and whole-of-life costs and net effect on the Consolidated Account (s 12C); Crime and Public Integrity Policy Committee , examination of annual reports from integrity and law enforcement agencies and reviews of particular crime-related Acts (s 15O).

South Australia Parliamentary Committees Act 1991 An Act to provide for the establishment of various Parliamentary committees; to define the functions, powers and duties of those committees; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Economic and Finance Committee Division 1—Establishment and membership of Committee 4 Establishment of Committee 5 Membership of Committee Division 2—Functions of Economic and Finance Committee 6 Functions of Committee Part 3—Environment, Resources and Development Committee Division 1—Establishment and membership of Committee 7 Establishment of Committee 8 Membership of Committee Division 2—Functions of Environment, Resources and Development Committee 9 Functions of Committee Part 4—Legislative Review Committee Division 1—Establishment and membership of Committee 10 Establishment of Committee 11 Membership of Committee Division 2—Functions of Legislative Review Committee 12 Functions of Committee Part 4A—Public Works Committee Division 1—Establishment and membership of Committee 12A Establishment of Committee 12B Membership of Committee Division 2—Functions of Public Works Committee 12C Functions of Committee Part 5—Social Development Committee Division 1—Establishment and membership of Committee 13 Establishment of Committee 14 Membership of Committee Division 2—Functions of Social Development Committee 15 Functions of Committee Part 5A—Statutory Authorities Review Committee Division 1—Establishment and membership of Committee 15A Establishment of Committee 15B Membership of Committee Division 2—Functions of Statutory Authorities Review Committee 15C Functions of Committee Part 5B—Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation Division 1—Establishment and membership of Committee 15D Establishment of Committee 15E Membership of Committee Division 2—Functions of Committee 15F Functions of Committee Part 5C—Statutory Officers Committee Division 1—Establishment and membership of Committee 15G Establishment of Committee 15H Membership of Committee Division 2—Functions of Statutory Officers Committee 15I Functions of Committee Part 5D—Natural Resources Committee Division 1—Establishment and membership of Committee 15J Establishment of Committee 15K Membership of Committee Division 2—Functions of Committee 15L Functions of Committee Part 5E—Crime and Public Integrity Policy Committee Division 1—Establishment and membership of Committee 15M Establishment of Committee 15N Membership of Committee Division 2—Functions of Crime and Public Integrity Policy Committee 15O Functions of Committee Part 6—General provisions Division 1—References, reports and Ministerial response 16 References to Committee 16A Certain public works referred to Public Works Committee 16B Referral of certain petitions to Committee 17 Reports on matters referred 18 Matters may be remitted to Committee for further consideration 19 Reference of Committee report to Minister for response Division 2—Term of office, proceedings and powers of Committees 20 Term of office of members 21 Removal from and vacancies of office 22 Validity of acts of Committee despite vacancy 24 Procedure at meetings 24A Meetings may be held remotely 25 Sittings of Committee 26 Admission of public 27 Minutes 28 Privileges, immunities and powers 29 Members not to take part in certain Committee proceedings 30 Committee may continue references made to previously constituted Committee 31 Immunity from judicial review Division 3—Miscellaneous 32 Co-ordination of Committees 33 Other assistance and facilities 34 Office of Committee member not office of profit 35 Financial provision 36 Powers of Parliament to establish other committees Schedule Part 3—Transitional provisions Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Parliamentary Committees Act 1991. 3—Interpretation In this Act, unless the contrary intention appears— appointing House or Houses means— (a) in relation to the Economic and Finance Committee or the Public Works Committee—the House of Assembly; (ab) in relation to the Statutory Authorities Review Committee—the Legislative Council; (b) in relation to any other Committee—both Houses, and appointing House, in relation to a member of a Committee, means the House that appointed the member to the Committee; Committee means a Committee established under this Act; construction includes— (a) the making of any repairs or improvements or other physical changes to any building, structure or land; and (b) the acquisition and installation of fixtures, plant or equipment when carried out as part of, or in conjunction with, the construction of a work, and construct has a corresponding meaning; House means— (a) the House of Assembly; or (b) the Legislative Council; land includes an area covered by the sea or other water; Presiding Member, in relation to a Committee, means the person appointed to be the Presiding Member of the Committee; Presiding Officer, in relation to a House, means the Speaker of the House of Assembly or the President of the Legislative Council; publicly funded body means any body that is financed wholly or partly out of public funds; public officer means a person holding or acting in, a public office or position established by or under an Act or otherwise by the Government of the State, but does not include— (a) a member or officer of the Parliament; or (b) a member or officer of a court or tribunal; or (c) a member or officer of a council or other local government body, and public office has a corresponding meaning; public sector operations means all operations and activities carried on by public officers or State instrumentalities; public work means any work that is proposed to be constructed where— (a) the whole or a part of the cost of construction of the work is to be met from money provided or to be provided by Parliament or a State instrumentality; or (b) the work is to be constructed by or on behalf of the Crown or a State instrumentality; or (c) the work is to be constructed on land of the Crown or a State instrumentality; regulation means any form of prohibition, restriction or control imposed by legislation or by or on behalf of the State; State instrumentality means an agency or instrumentality of the Crown and includes— (a) an administrative unit of the Public Service; and (b) a statutory authority, but does not include— (c) a body wholly comprised of members of Parliament; or (d) a court or tribunal; or (e) a council or other local government body; statutory authority means a body corporate that is established by an Act and— (a) is comprised of or includes, or has a governing body comprised of or including, persons or a person appointed by the Governor, a Minister or an agency or instrumentality of the Crown; or (b) is subject to control or direction by a Minister; or (c) is financed wholly or partly out of public funds, and includes a company or other body corporate that is a subsidiary of, or controlled by, such a body corporate, but does not include— (d) a body wholly comprised of members of Parliament; or (e) a council or other local government authority; subordinate legislation means regulations as defined in the Subordinate Legislation Act 1978 and any other enactment of a legislative character to which section 10A of that Act applies; work means any building or structure or any repairs or improvements or other physical changes to any building, structure or land. Part 2—Economic and Finance Committee Division 1—Establishment and membership of Committee 4—Establishment of Committee The Economic and Finance Committee is established as a committee of Parliament. 5—Membership of Committee (1) The Committee is to consist of seven members of the House of Assembly appointed by the House of Assembly. (2) A Minister of the Crown is not eligible for appointment to the Committee. (3) The Committee must from time to time appoint one of its members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the House of Assembly and that House will determine the matter. Division 2—Functions of Economic and Finance Committee 6—Functions of Committee The functions of the Economic and Finance Committee are— (a) to inquire into, consider and report on such of the following matters as are referred to it under this Act: (i) any matter concerned with finance or economic development; (ii) any matter concerned with the structure, organisation and efficiency of any area of public sector operations or the ways in which efficiency and service delivery might be enhanced in any area of public sector operations; (iii) any matter concerned with the functions or operations of a particular public officer or a particular State instrumentality or publicly funded body (other than a statutory authority) or whether a particular public office or particular State instrumentality (other than a statutory authority) should continue to exist or whether changes should be made to improve efficiency and effectiveness in the area; (iv) any matter concerned with regulation of business or other economic or financial activity or whether such regulation should be retained or modified in any area; (ab) to inquire into, consider and report on petitions referred to it under section 16B; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 3—Environment, Resources and Development Committee Division 1—Establishment and membership of Committee 7—Establishment of Committee The Environment, Resources and Development Committee is established as a committee of Parliament. 8—Membership of Committee (1) The Committee is to consist of six members. (2) Three members of the Committee must be members of the House of Assembly appointed by the House of Assembly and three must be members of the Legislative Council appointed by the Legislative Council. (3) A Minister of the Crown is not eligible for appointment to the Committee. (4) The Committee must from time to time appoint one of its House of Assembly members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the House of Assembly and that House will determine the matter. Division 2—Functions of Environment, Resources and Development Committee 9—Functions of Committee The functions of the Environment, Resources and Development Committee are— (a) to inquire into, consider and report on such of the following matters as are referred to it under this Act: (i) any matter concerned with the environment or how the quality of the environment might be protected or improved; (ii) any matter concerned with the resources of the State or how they might be better conserved or utilised; (iii) any matter concerned with planning, land use or transportation; (iv) any matter concerned with the general development of the State; (ab) to inquire into, consider and report on petitions referred to it under section 16B; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 4—Legislative Review Committee Division 1—Establishment and membership of Committee 10—Establishment of Committee The Legislative Review Committee is established as a committee of Parliament. 11—Membership of Committee (1) The Committee is to consist of six members. (2) Three members of the Committee must be members of the House of Assembly appointed by the House of Assembly and three must be members of the Legislative Council appointed by the Legislative Council. (3) A Minister of the Crown is not eligible for appointment to the Committee. (4) The Committee must from time to time appoint one of its Legislative Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine that matter. Division 2—Functions of Legislative Review Committee 12—Functions of Committee The functions of the Legislative Review Committee are— (a) to inquire into, consider and report on such of the following matters as are referred to it under this Act: (i) any matter concerned with legal, constitutional or parliamentary reform or with the administration of justice but excluding any matter concerned with joint standing orders of Parliament or the standing orders or rules of practice of either House; (ii) any Act or subordinate legislation, or part of any Act or subordinate legislation, in respect of which provision has been made for its expiry at some future time and whether it should be allowed to expire or continue in force with or without modification or be replaced by new provisions; (iii) any matter concerned with inter-governmental relations; (b) to inquire into, consider and report on subordinate legislation referred to it by the Subordinate Legislation Act 1978; (ba) to inquire into, consider and report on petitions referred to it under section 16B; (c) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 4A—Public Works Committee Division 1—Establishment and membership of Committee 12A—Establishment of Committee The Public Works Committee is established as a committee of the Parliament. 12B—Membership of Committee (1) Subject to subsection (1a), the Committee is to consist of six members of the House of Assembly appointed by the House of Assembly. (1a) On and from the first sitting day of the House of Assembly following the next general election of members of the House of Assembly after the commencement of this subsection the Committee is to consist of five members of the House of Assembly appointed by the House of Assembly. (2) A Minister of the Crown is not eligible for appointment to the Committee. (3) The Committee must from time to time appoint one of its members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the House of Assembly and that House will determine the matter. Division 2—Functions of Public Works Committee 12C—Functions of Committee The functions of the Public Works Committee are— (a) to inquire into, consider and report on any public work referred to it by or under this Act, including— (i) the stated purpose of the work; (ii) the necessity or advisability of constructing it; (iii) where the work purports to be of a revenue-producing character, the revenue that it might reasonably be expected to produce; (iv) the present and prospective public value of the work; (v) the recurrent or whole-of-life costs associated with the work, including costs arising out of financial arrangements; (vi) the estimated net effect on the Consolidated Account or the funds of a statutory authority of the construction and proposed use of the work; (vii) the efficiency and progress of construction of the work and the reasons for any expenditure beyond the estimated costs of its construction; (ab) to inquire into, consider and report on petitions referred to it under section 16B; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 5—Social Development Committee Division 1—Establishment and membership of Committee 13—Establishment of Committee The Social Development Committee is established as a committee of Parliament. 14—Membership of Committee (1) The Committee is to consist of— (a) until the commencement of the first session of the 53rd Parliament—8 members; (b) thereafter—6 members. (2) Half of the members of the Committee must be members of the House of Assembly appointed by the House of Assembly and half must be members of the Legislative Council appointed by the Legislative Council. (3) A Minister of the Crown is not eligible for appointment to the Committee. (4) The Committee must from time to time appoint 1 of its Legislative Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine the matter. Division 2—Functions of Social Development Committee 15—Functions of Committee The functions of the Social Development Committee are— (a) to inquire into, consider and report on such of the following matters as are referred to it under this Act: (i) any matter concerned with the health, welfare or education of the people of the State; (ii) any matter concerned with occupational safety or industrial relations; (iii) any matter concerned with the arts, recreation or sport or the cultural or physical development of the people of the State; (iv) any matter concerned with the quality of life of communities, families or individuals in the State or how that quality of life might be improved; (ab) to inquire into, consider and report on petitions referred to it under section 16B; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 5A—Statutory Authorities Review Committee Division 1—Establishment and membership of Committee 15A—Establishment of Committee The Statutory Authorities Review Committee is established as a committee of the Parliament. 15B—Membership of Committee (1) The Committee is to consist of five members of the Legislative Council appointed by the Legislative Council. (2) A Minister of the Crown is not eligible for appointment to the Committee. (3) The Committee must from time to time appoint one of its members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine the matter. Division 2—Functions of Statutory Authorities Review Committee 15C—Functions of Committee The functions of the Statutory Authorities Review Committee are— (a) to inquire into, consider and report on any statutory authority referred to it under this Act, including— (i) the need for the authority to continue in existence; (ii) the functions of the authority and the need for the authority to continue to perform those functions; (iii) the net effect of the authority and its operations on the finances of the State; (iv) whether the authority and its operations provide the most effective, efficient and economical means for achieving the purposes for which the authority was established; (v) whether the structure of the authority is appropriate to its functions; (vi) whether the functions or operations of the statutory authority duplicate or overlap in any respect the functions or operations of another authority, body or person; (ab) to inquire into, consider and report on petitions referred to it under section 16B; (b) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. Part 5B—Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation Division 1—Establishment and membership of Committee 15D—Establishment of Committee The Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation is established as a Parliamentary committee. 15E—Membership of Committee (1) The Committee consists of six members. (2) Three members of the Committee must be members of the House of Assembly appointed by the House of Assembly and three must be members of the Legislative Council appointed by the Legislative Council. (3) The members of the Committee are not entitled to remuneration for their work as members of the Committee. (4) The Committee must from time to time appoint one of its House of Assembly members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the House of Assembly and that House will determine the matter. Division 2—Functions of Committee 15F—Functions of Committee The functions of the Committee are— (a) to keep the administration and operation of the Occupational Health, Safety and Welfare Act 1986, the Workers Rehabilitation and Compensation Act 1986, and other legislation affecting occupational health, safety or welfare, or occupational rehabilitation or compensation, under continuous review; and (b) to examine and make recommendations to the Executive and to Parliament about proposed regulations under any of the legislation mentioned in paragraph (a), and in particular regulations that may allow for the performance of statutory functions by private bodies or persons; and (ba) to inquire into, consider and report on petitions referred to it under section 16B; and (c) to perform other functions assigned to the Committee under this or any other Act or by resolution of either House of Parliament. Part 5C—Statutory Officers Committee Division 1—Establishment and membership of Committee 15G—Establishment of Committee The Statutory Officers Committee is established as a committee of the Parliament. 15H—Membership of Committee (1) The Committee consists of 6 members of whom— (a) 3 must be members of the House of Assembly appointed by the House of Assembly, of whom— (i) at least 1 must be appointed from the group led by the Leader of the Opposition; and (ii) at least 1 must be appointed from the group led by the Leader of the Government; and (iii) at least 1 must be a member who does not belong to the group led by the Leader of the Opposition or the group led by the Leader of the Government (unless there is no such member or no such member consents to appointment to the Committee); and (b) 3 must be members of the Legislative Council appointed by the Legislative Council, of whom— (i) at least 1 must be appointed from the group led by the Leader of the Opposition; and (ii) at least 1 must be appointed from the group led by the Leader of the Government; and (iii) at least 1 must be a member who does not belong to the group led by the Leader of the Opposition or the group led by the Leader of the Government (unless there is no such member or no such member consents to appointment to the Committee). (1a) A Minister of the Crown is not eligible for appointment to the Committee. (2) The members of the Committee are not entitled to remuneration for their work as members of the Committee. (3) The Committee must from time to time appoint one of its Legislative Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine the matter. Division 2—Functions of Statutory Officers Committee 15I—Functions of Committee (1) The functions of the Statutory Officers Committee are— (a) to inquire into, consider and report— (i) on a suitable person for appointment to an office under an Act vacancies in which are to be filled by appointment on the recommendation of both Houses; and (ii) on other matters relating to the performance of the functions of that office (unless another Committee has the function of inquiring into, considering and reporting on the performance of those functions); and (iii) on any other matter referred to the Committee by the Minister responsible for the administration of any such Act; and (ab) to inquire into, consider and report on petitions referred to it under section 16B; and (b) to perform other functions assigned to the Committee under this or any other Act or by resolution of both Houses. (2) Matters disclosed to or considered by the Committee for the purposes of determining a suitable person for appointment to a statutory office must not be made the subject of public disclosure or comment. (3) In considering matters relating to the performance of functions of a statutory office, the Committee must not engage in a review of any particular decision of a person occupying the office. Part 5D—Natural Resources Committee Division 1—Establishment and membership of Committee 15J—Establishment of Committee The Natural Resources Committee is established as a committee of the Parliament. 15K—Membership of Committee (1) The Committee is to consist of— (a) until the commencement of the first session of the 53rd Parliament—9 members; (b) thereafter—7 members. (2) The membership of the Committee must be determined as follows: (a) until the commencement of the first session of the 53rd Parliament—6 members of the Committee must be members of the House of Assembly appointed by the House of Assembly and 3 must be members of the Legislative Council appointed by the Legislative Council; (b) thereafter—4 members of the Committee must be members of the House of Assembly appointed by the House of Assembly and 3 must be members of the Legislative Council appointed by the Legislative Council. (3) A Minister of the Crown is eligible to be a member of the Committee, and section 21(2)(e) does not apply in relation to the members of the Committee. (4) The Committee must from time to time appoint 1 of its House of Assembly members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the House of Assembly and that House will determine the matter. Division 2—Functions of Committee 15L—Functions of Committee (1) The functions of the Committee are— (a) to take an interest in and keep under review— (i) the protection, improvement and enhancement of the natural resources of the State; and (ii) the extent to which it is possible to adopt an integrated approach to the use and management of the natural resources of the State that accords with principles of ecologically sustainable use, development and protection; and (iii) the operation of any Act that is relevant to the use, protection, management or enhancement of the natural resources of the State; and (iv) without limiting the operation of a preceding subparagraph—the extent to which the objects of the Landscape South Australia Act 2019 are being achieved; and (b) without limiting the operation of paragraph (a), with respect to the River Murray— (i) to consider the extent to which the Objectives for a Healthy River Murray are being achieved under the River Murray Act 2003; and (ii) to consider and report on each review of the River Murray Act 2003 undertaken under section 11 of that Act by the Minister to whom the administration of that Act has been committed; and (iii) to consider the interaction between the River Murray Act 2003 and other Acts and, in particular, to consider the report in each annual report under that Act on the referral of matters under related operational Acts to the Minister under that Act; and (iv) at the end of the second year of operation of the River Murray Act 2003, to inquire into and report on— (A) the operation of subsection (5) of section 22 of that Act, insofar as it has applied with respect to any Development Plan Amendment under the Development Act 1993 referred to the Governor under that subsection; and (B) the operation of section 24(3) of the Development Act 1993; and (ba) to inquire into, consider and report on petitions referred to it under section 16B; and (c) to perform such other functions as are imposed on the Committee under this or any other Act or by resolution of both Houses. (2) In this section— natural resources includes— (a) soil; (b) water resources; (c) geological features and landscapes; (d) native vegetation, native animals and other native organisms; (e) ecosystems. Part 5E—Crime and Public Integrity Policy Committee Division 1—Establishment and membership of Committee 15M—Establishment of Committee The Crime and Public Integrity Policy Committee is established as a committee of the Parliament. 15N—Membership of Committee (1) The Committee consists of 6 members of whom— (a) 3 must be members of the House of Assembly appointed by the House of Assembly (of whom at least 1 must be appointed from the group led by the Leader of the Opposition and at least 1 must be appointed from the group led by the Leader of the Government); and (b) 3 must be members of the Legislative Council appointed by the Legislative Council (of whom at least 1 must be appointed from the group led by the Leader of the Opposition and at least 1 must be appointed from the group led by the Leader of the Government). (2) A Minister of the Crown is not eligible for appointment to the Committee. (3) The members of the Committee are not entitled to remuneration for their work as members of the Committee. (4) The Committee must from time to time appoint 1 of its Legislative Council members to be the Presiding Member of the Committee but if the members are at any time unable to come to a decision on who is to be the Presiding Member, or on who is to preside at a meeting of the Committee in the absence of the Presiding Member, the matter is referred by force of this subsection to the Legislative Council and that House will determine the matter. Division 2—Functions of Crime and Public Integrity Policy Committee 15O—Functions of Committee (1) The functions of the Crime and Public Integrity Policy Committee are— (a) to examine— (i) each annual and other report laid before both Houses prepared by the Independent Commission Against Corruption, the Director of the Office of Public Integrity, the Commissioner of Police or the Ombudsman; and (ii) each report on a review under section 46 of the Independent Commission Against Corruption Act 2012; and (iii) each report laid before both Houses under the Police Act 1998, the Serious and Organised Crime (Control) Act 2008 or the Serious and Organised Crime (Unexplained Wealth) Act 2009; and (b) to inquire into and consider the operation of— (i) the Serious and Organised Crime (Control) Act 2008; and (ii) the Serious and Organised Crime (Unexplained Wealth) Act 2009; and (iia) the Police Complaints and Discipline Act 2016; and (iii) insofar as they are concerned with serious crime, criminal organisations or proceedings under an Act referred to in a preceding subparagraph, the Bail Act 1985, the Controlled Substances Act 1984, the Sentencing Act 2017, the Criminal Law Consolidation Act 1935, the Evidence Act 1929, the Juries Act 1927, the Summary Offences Act 1953 and the Criminal Procedure Act 1921, and, in particular— (iv) how effective those Acts have been in disrupting and restricting the activities of organisations involved in serious crime and protecting members of the public from violence associated with such organisations; and (v) whether the operation of those Acts has adversely affected persons not involved in serious crime to an unreasonable extent; and (vi) whether the operation of those Acts has made an appreciable difference to the prevention or minimisation of the activities of organisations involved in serious crime; and (vii) the effect of the amendments made by the Statutes Amendment (Serious and Organised Crime) Act 2012; and (c) to inquire into and consider (at least once every 5 years) the operation of the Independent Commission Against Corruption Act 2012 and, in particular— (i) the performance of functions and exercise of powers by the Independent Commission Against Corruption, the Office for Public Integrity and the Inspector appointed under that Act; and (ii) whether the operation of the Act has adversely affected persons not involved in corruption to an unreasonable extent; and (d) to inquire into and consider the performance of functions and exercise of powers by the Ombudsman under the Ombudsman Act 1972 or any other Act; and (e) to report to both Houses on any matter of public policy arising out of an examination of a report or an inquiry (including any recommendation for change) as the Committee considers appropriate; and (ea) to inquire into, consider and report on petitions referred to it under section 16B; and (f) to perform other functions assigned to the Committee under this or any other Act or by resolution of both Houses. (2) The Independent Commission Against Corruption must not disclose to the Crime and Public Integrity Policy Committee information that identifies, or could tend to identify, a person or body (whether incorporated or unincorporated) who is, or has been, the subject of a complaint, report, assessment, investigation or referral under the Independent Commission Against Corruption Act 2012 or has provided information or other evidence under that Act, unless the information disclosed to the Committee is already a matter of public knowledge or the Committee require disclosure of the information in accordance with subsection (4). (3) Except as provided in subsection (4), nothing in this section authorises the Crime and Public Integrity Policy Committee— (a) to investigate a matter relating to particular conduct; or (b) to obtain— (i) information classified as criminal intelligence under an Act; or (ii) information the release of which— (A) may, in the opinion of the Commissioner of Police, prejudice a South Australia Police investigation; or (B) may, in the opinion of a person in charge of an investigation being carried out by another body established for law enforcement purposes, prejudice the investigation; or (c) to reconsider a decision of the Independent Commission Against Corruption or any other person or body in relation to a particular matter. (4) The Crime and Public Integrity Policy Committee may inquire into the processes, procedures or practices applied by the Commission or the Inspector under the Independent Commission Against Corruption Act 2012 and the Committee may require the disclosure of any information it thinks necessary for that purpose. Part 6—General provisions Division 1—References, reports and Ministerial response 16—References to Committee (1) Any matter that is relevant to the functions of a Committee may be referred to the Committee— (a) by resolution of the Committee's appointing House or Houses, or either of the Committee's appointing Houses; or (b) by the Governor, by notice published in the Gazette; or (c) of the Committee's own motion. (2) Subsection (1) is in addition to and does not derogate from a provision of this or any other Act by or under which a matter is or may be referred to a Committee. 16A—Certain public works referred to Public Works Committee (1) Subject to subsection (3), a public work is referred to the Public Works Committee by force of this section if the total amount to be applied for the construction of the work will, when all stages of construction are complete, exceed $4 000 000. (2) No amount may be applied for the actual construction of a public work referred to in subsection (1) unless the work has first been inquired into by the Public Works Committee under this Act and the final report of that Committee on the work has been presented to its appointing House or published under section 17(7). (3) The Minister may exempt a public work from the operation of subsection (1) if— (a) the whole or a part of the cost of construction of the work is to be met from money provided by the Superannuation Funds Management Corporation of South Australia; or (b) the work is to be constructed by or on behalf of the Superannuation Funds Management Corporation of South Australia, (whether or not the work is to be constructed on land of the Crown or the Superannuation Funds Management Corporation of South Australia). 16B—Referral of certain petitions to Committee (1) The House of Assembly or the Legislative Council must, on presentation of an eligible petition by a member of the relevant House, refer the petition to an appropriate Committee. (2) In this section— eligible petition means a petition of not less than 10 000 signatures that complies with any relevant requirements of the Standing Orders of the House in which it is presented or the Joint Standing Orders (as the case may require). 17—Reports on matters referred (1) A Committee must, after inquiring into and considering any matter referred to it by or under this or any other Act, report on the matter to its appointing House or Houses. (2) A Committee's appointing House or Houses may, when referring a matter to the Committee, fix a period within which the Committee is required to present a final report to the House or Houses on that matter. (3) A Committee must in carrying out its functions— (a) give priority, so far as it is practicable to do so— (i) firstly, to the matters referred to it by this Act or by or under any other Act; (ii) secondly, to the matters referred to it by its appointing House or Houses, and then deal with any other matters before the Committee in such order as it thinks fit; and (b) comply with any limitation of time fixed under subsection (2). (4) A Committee may, if it thinks fit, at any time prior to making a final report on a matter referred to it— (a) make one or more interim reports on the matter to its appointing House or Houses; (b) publish a document relating to the matter. (5) A Committee may include in a report a draft Bill to give effect to any recommendation of the Committee. (6) If requested to do so by a member of the Committee, a Committee must include in a report a minority report on behalf of that member. (7) If more than 14 days would elapse from the day on which a report of a Committee (whether a final report or interim report) is adopted by the Committee until the next sitting day of the Committee's appointing House or Houses— (a) the Committee may present the report to the Presiding Officer or Officers of the Committee's appointing House or Houses; and (b) the Presiding Officer or Officers may, after consultation with the Committee, authorise the publication of the report prior to its presentation to the Committee's appointing House or Houses. (8) A report of a Committee or other document that is published under this section will be taken for the purposes of any other Act or law to be a report or paper of Parliament published under the authority of the Committee's appointing House or Houses. 18—Matters may be remitted to Committee for further consideration On a report being presented by a Committee to its appointing House or Houses, the House or Houses may, by resolution, remit the matter or any of the matters to which the report relates to the Committee for its further consideration and report and, in that event, the Committee must consider the matter and report on it accordingly. 19—Reference of Committee report to Minister for response (1) Subject to subsection (1a), on a report being presented by a Committee to its appointing House or Houses, the report or a part of the report is, if the report contains a recommendation to that effect, referred by force of this section to the Minister with responsibility in the area concerned for that Minister's response. (1a) In the case of a report relating to a petition referred to a Committee under section 16B, the report is referred by force of this section to the Minister with primary responsibility in the area to which the petition relates for that Minister's response. (2) Where a report, or part of a report, is referred to the responsible Minister under this section, the Minister must, within four months, respond to the report or part of the report and include in the response statements as to— (a) which (if any) recommendations of the Committee will be carried out and the manner in which they will be carried out; and (b) which (if any) recommendations will not be carried out and the reasons for not carrying them out. (3) The following provisions apply in relation to the response of a Minister to a Committee report: (a) in the case of a response relating to a petition referred to a Committee under section 16B—the prescribed Minister in each House must, within 6 sitting days after the response is made— (i) address the House and explain what, if any, action is to be taken in relation to the petition (whether by the prescribed Minister or otherwise); and (ii) if no action is to be taken in relation to the petition (whether by the prescribed Minister or otherwise), the reasons for that fact; (b) in any other case—the Minister must cause a copy of the response to be laid before the Committee's appointing House or Houses within 6 sitting days after it is made. (4) In this section— prescribed Minister, in relation to a response referred to in subsection (3)(a), means— (a) in the House in which the Minister to whom the report of a Committee is referred under subsection (1a) sits—that Minister; or (b) in the other House—the Premier or the leader of Government business in the Legislative Council (as the case requires). Division 2—Term of office, proceedings and powers of Committees 20—Term of office of members (2) The members of each Committee must be appointed as soon as practicable after the commencement of the first session of each new Parliament. (3) Subject to this Act, a member of a Committee holds office until the first sitting day of the member's appointing House following the next general election of members of the House of Assembly. 21—Removal from and vacancies of office (1) A member of a Committee may be removed from office by the member's appointing House. (2) A person ceases to be a member of a Committee if the person— (a) dies; or (b) resigns from the Committee by notice in writing to the Presiding Officer of his or her appointing House; or (c) completes a term of office and is not reappointed; or (d) ceases to be a member of his or her appointing House; or (e) is a Minister of the Crown; or (f) is removed from office by his or her appointing House. (3) On the office of a member of a Committee becoming vacant otherwise than on the expiration of his or her term of office, the member's appointing House must, as soon as practicable, appoint one of its members to the Committee. (4) Subject to this Act, a member of a Committee is eligible for reappointment to the Committee on the expiration of his or her term of office. 22—Validity of acts of Committee despite vacancy An act or proceeding of a Committee is not invalid by reason of a vacancy in its membership. 24—Procedure at meetings (1) The Presiding Member of a Committee must preside at meetings of the Committee or, in the absence of the Presiding Member from a meeting, the members present must decide who is to preside at the meeting. (2) The number of members of a Committee that constitute a quorum of the Committee is— (a) if the Committee consists of 5 members—3 members (at least 1 of whom must have been appointed to the Committee from the group led by the Leader of the Opposition in the Committee's appointing House); and (b) if the Committee consists of 6 or 7 members—4 members; and (c) if the Committee consists of 8 or 9 members—5 members. (2a) No business may be transacted at a meeting of a Committee unless a quorum is present. (3) A decision carried by a majority of the votes of the members present at a meeting of a Committee is a decision of the Committee. (4) The Presiding Member or any other member presiding at a meeting of the Committee has, in addition to a deliberative vote, a casting vote in the event of an equality of votes. (5) Subject to this Act and any other Act, the Committee is to conduct its business— (a) to the extent that the Standing Orders of its appointing House or Joint Standing Orders (as the case may be) apply—in accordance with those Orders; and (b) otherwise in such manner as the Committee thinks fit. 24A—Meetings may be held remotely Despite any other provision of this Act— (a) a requirement for a committee to hold any meeting will be taken to be satisfied if the meeting is held remotely using 1 or more of (including a combination of) the following means of communication: (i) audio visual; (ii) audio; and (b) a requirement for members of a committee to attend or be present at any meeting will be taken to be satisfied if— (i) each participating member is able to communicate contemporaneously with each other participating member when making any deliberation, or taking part in any vote, during the meeting; and (ii) when a witness gives oral evidence to the committee, the members of the committee constituting a quorum are able to hear the witness contemporaneously and question the witness within the hearing of each other committee member constituting the quorum. 25—Sittings of Committee (1) A Committee may sit and transact business during any recess or adjournment of Parliament and during an interval between Parliaments but may not sit while the appointing House or either of the appointing Houses for the Committee is sitting except by the leave of that House. (2) Subject to subsection (1), a Committee may sit at any time and at any place and may adjourn its meetings from time to time and from place to place. 26—Admission of public Except where the Committee otherwise determines, members of the public may be present at meetings of a Committee while the Committee is examining witnesses but may not be present while the Committee is deliberating. 27—Minutes A Committee must ensure that full and accurate minutes are kept of its proceedings. 28—Privileges, immunities and powers (1) All privileges, immunities and powers that attach to or in relation to a committee established by either House attach to and in relation to each Committee established by this Act. (2) Without limiting the effect of subsection (1), the powers of each Committee include power to send for persons, papers and records. (3) Any breach of privilege or contempt committed or alleged to have been committed in relation to a Committee or its proceedings may be dealt with in such manner as is resolved by the Committee's appointing House or Houses. 29—Members not to take part in certain Committee proceedings A member of a Committee must not take part in any proceedings of the Committee relating to a matter in which the member has a direct pecuniary interest that is not shared in common with the rest of the subjects of the Crown. 30—Committee may continue references made to previously constituted Committee Where the composition of a Committee changes before it completes its inquiry, consideration or report in respect of a matter referred to it by or under this or any other Act, the newly constituted Committee may continue and complete the proceedings and may consider and report on the matter as if all evidence given in respect of the matter had been given before the Committee as newly constituted. 31—Immunity from judicial review The proceedings of a Committee or any report or recommendation of, or document published by, a Committee may not give rise to any cause of action or be made the subject of, or in any way be called into question in, any proceedings before a court. Division 3—Miscellaneous 32—Co-ordination of Committees (1) The Presiding Officers of both Houses are responsible for— (a) avoiding duplication by one Committee of the work of another Committee; (b) arranging for each Committee adequate staff and facilities for the performance of its functions; (c) ensuring the efficient functioning of the Committees generally. (2) The Presiding Officers of both Houses must, in discharging their responsibilities under subsection (1), consult with the Presiding Members of the Committees. 33—Other assistance and facilities (1) A Committee may, with the prior authorisation of the Presiding Officer or Presiding Officers of the Committee's appointing House or Houses, with the approval of the Minister administering an administrative unit of the Public Service and on terms mutually arranged, make use of employees or facilities of that administrative unit. (2) A Committee may, with the prior authorisation of the Presiding Officer or Presiding Officers of the Committee's appointing House or Houses, commission any person to investigate and report to the Committee on any aspect of any matter referred to the Committee. 34—Office of Committee member not office of profit The office of a member of a Committee (including the office of Presiding Member) is not an office of profit under the Crown. 35—Financial provision The money required for the purposes of this Act is to be paid out of money appropriated by Parliament for the purpose. 36—Powers of Parliament to establish other committees This Act does not limit or derogate from the power of either House or both Houses to establish committees in addition to the Committees established by this Act. Schedule Part 3—Transitional provisions (1) A matter that was the subject of inquiry by a former committee may, if that committee had not completed its inquiry or reported on the matter before the commencement of this Act, be referred to a Committee under this Act. (2) Where a matter is referred to a Committee as referred to in subclause (1), the Committee may continue and complete the proceedings and consider and report on the matter under this Act as if all the evidence given in respect of the matter before the former committee had been given before the Committee under this Act. (3) In subclauses (1) and (2)— former committee means— (a) the Joint Committee on Subordinate Legislation; (b) the Public Accounts Committee; (c) the Parliamentary Standing Committee on Public Works. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Parliamentary Committees Act 1991 repealed the following: Public Accounts Committee Act 1972 Public Works Standing Committee Act 1927 Legislation amended by principal Act The Parliamentary Committees Act 1991 amended the following: Constitution Act 1934 Industries Development Act 1941 Parliamentary Remuneration Act 1990 Planning Act 1982 Subordinate Legislation Act 1978 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1991 50 Parliamentary Committees Act 1991 21.11.1991 11.2.1992 (Gazette 5.12.1991 p1668) 1992 79 Parliamentary Committees (Publication of Reports) Amendment Act 1992 3.12.1992 3.12.1992 1994 18 Parliamentary Committees (Miscellaneous) Amendment Act 1994 12.5.1994 12.5.1994 (Gazette 12.5.1994 p1188) except s 9—1.12.1994 (Gazette 8.9.1994 p728) 1995 27 Statutes Amendment (Attorney-General's Portfolio) Act 1995 27.4.1995 Pt 9 (ss 18 & 19)—4.5.1995 (Gazette 4.5.1995 p1705) 1995 35 Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act 1995 27.4.1995 Sch 1—25.5.1995 (Gazette 25.5.1995 p2200) 1995 38 Superannuation Funds Management Corporation of South Australia Act 1995 27.4.1995 Sch 2—1.7.1995 (Gazette 25.5.1995 p2199) 1997 22 Electoral (Miscellaneous) Amendment Act 1997 27.3.1997 Sch 3 (cl 3)—28.8.1997 (Gazette 28.8.1997 p456) 2002 27 Parliamentary Committees (Presiding Members) Amendment Act 2002 7.11.2002 7.11.2002 2003 35 River Murray Act 2003 31.7.2003 Sch (cl 17)—24.11.2003 (Gazette 20.11.2003 p4203) 2004 34 Natural Resources Management Act 2004 5.8.2004 Sch 4 (cl 29)—2.9.2004 (Gazette 2.9.2004 p3545) 2006 25 Development (Development Plans) Amendment Act 2006 23.11.2006 Sch 1 (cl 3)—23.11.2008 (s 7(5) Acts Interpretation Act 1915) 2010 1 Parliamentary Committees (Membership of Committees) Amendment Act 2010 24.6.2010 24.6.2010 2012 52 Independent Commissioner Against Corruption Act 2012 6.12.2012 Sch 3 (cll 56—59)—1.9.2013 (Gazette 23.5.2013 p2006) 2015 34 Judicial Conduct Commissioner Act 2015 5.11.2015 Sch 1 (cll 17 & 18)—5.12.2016 (Gazette 29.11.2016 p4525) 2016 60 Police Complaints and Discipline Act 2016 8.12.2016 Sch 1 (cl 19)—4.9.2017 (Gazette 29.8.2017 p3794) 2017 53 Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 15 (s 25)—30.4.2018 (Gazette 6.2.2018 p612) 2019 16 Parliamentary Committees (Petitions) Amendment Act 2019 11.7.2019 11.7.2019 2019 33 Landscape South Australia Act 2019 21.11.2019 Sch 5 (cl 57)—1.7.2020 (Gazette 25.6.2020 p3502) 2021 25 Statutes Amendment (COVID-19 Permanent Measures) Act 2021 17.6.2021 Pt 8 (s 16)—9.9.2021 (Gazette 18.8.2021 p3099) 2021 38 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021 Sch 1 (cll 43 & 76)—7.10.2021: s 2 2022 1 South Australian Public Health (COVID-19) Amendment Act 2022 24.5.2022 Sch 1 (cl 1)—24.5.2022 (Gazette 24.5.2022 p1200) 2024 17 Parliamentary Committees (Referral of Petitions) Amendment Act 2024 23.5.2024 23.5.2024 2025 29 Biodiversity Act 2025 26.6.2025 Sch 5 (cl 80)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 24.11.2003 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 24.11.2003 s 3

appointing House or Houses amended by 18/1994 s 3(a), (b) 12.5.1994 Committee amended by 18/1994 s 3(c) 12.5.1994

substituted by 35/1995 Sch 1(a) 25.5.1995

amended by 22/1997 Sch 3 cl 3(a) 28.8.1997

amended by 35/2003 Sch cl 17(a) 24.11.2003

substituted by 52/2012 Sch 3 cl 56 1.9.2013 construction inserted by 18/1994 s 3(d) 12.5.1994 land inserted by 18/1994 s 3(e) 12.5.1994 public work inserted by 18/1994 s 3(f) 12.5.1994 statutory authority substituted by 18/1994 s 3(g) 12.5.1994 work inserted by 18/1994 s 3(h) 12.5.1994 Pt 2

s 5

s 5(3) inserted by 27/2002 s 2 7.11.2002 s 6 amended by 18/1994 s 4 12.5.1994

amended by 17/2024 s 2 23.5.2024 Pt 3

s 8

s 8(4) inserted by 27/2002 s 3 7.11.2002 s 9 amended by 17/2024 s 3 23.5.2024 Pt 4

s 11

s 11(4) inserted by 27/2002 s 4 7.11.2002 s 12 amended by 18/1994 s 5 12.5.1994

amended by 16/2019 s 3 11.7.2019 Pt 4A inserted by 18/1994 s 6 12.5.1994 s 12B

s 12B(1) amended by 27/1995 s 18(a) 4.5.1995 s 12B(1a) inserted by 27/1995 s 18(b) 4.5.1995 s 12B(3) inserted by 27/2002 s 5 7.11.2002 s 12C amended by 17/2024 s 4 23.5.2024 Pt 5

s 14

s 14(1) and (2) substituted by 1/2010 s 3 24.6.2010 s 14(4) inserted by 27/2002 s 6 7.11.2002 Pt 5A inserted by 18/1994 s 7 12.5.1994 s 15 amended by 17/2024 s 5 23.5.2024 s 15B

s 15B(3) inserted by 27/2002 s 7 7.11.2002 s 15C amended by 17/2024 s 6 23.5.2024 Pt 5B inserted by 35/1995 Sch 1(b) 25.5.1995 s 15E

s 15E(4) inserted by 27/2002 s 8 7.11.2002 s 15F amended by 17/2024 s 7 23.5.2024 Pt 5C inserted by 22/1997 Sch 3 cl 3(b) 28.8.1997 s 15H

s 15H(1) substituted by 52/2012 Sch 3 cl 57 1.9.2013 s 15H(1a) inserted by 34/2015 Sch 1 cl 17 5.12.2016 s 15H(3) inserted by 27/2002 s 9 7.11.2002 s 15I

s 15I(1) amended by 52/2012 Sch 3 cl 58 1.9.2013

amended by 17/2024 s 8 23.5.2024 Pt 5D inserted by 35/2003 Sch cl 17(b) 24.11.2003 s 15K

s 15K(1) and (2) substituted by 1/2010 s 4 24.6.2010 s 15L

s 15L(1) amended by 34/2004 Sch 4 cl 29(1) 2.9.2004

amended by 25/2006 Sch 1 cl 3 23.11.2008

amended by 33/2019 Sch 5 cl 57 1.7.2020

amended by 17/2024 s 9 23.5.2024 s 15L(2)

natural resources amended by 34/2004 Sch 4 cl 29(2) 2.9.2004 Pt 5E inserted by 52/2012 Sch 3 cl 59 1.9.2013 s 15O

s 15O(1) amended by 60/2016 Sch 1 cl 19 4.9.2017

amended by 53/2017 s 25(1), (2) 30.4.2018

amended by 38/2021 Sch 1 cl 43(1)—(4) 7.10.2021

amended by 17/2024 s 10 23.5.2024 s 15O(2) amended by 38/2021 Sch 1 cl 43(5)—(7) 7.10.2021 s 15O(3) amended by 38/2021 Sch 1 cl 43(8), (9) 7.10.2021 s 15O(4) inserted by 38/2021 Sch 1 cl 43(10) 7.10.2021 Pt 5F inserted by 1/2022 Sch 1 cl 1 24.5.2022

expired: s 15V—omitted under Legislation Revision and Publication Act 2002 (23.11.2022) Pt 6

s 16

s 16(2) substituted by 18/1994 s 8 12.5.1994 s 16A inserted by 18/1994 s 9 1.12.1994 s 16A(1) amended by 38/1995 Sch 2 1.7.1995 s 16A(3) inserted by 38/1995 Sch 2 1.7.1995 s 16B inserted by 16/2019 s 4 11.7.2019 heading substituted by 17/2024 s 11(1) 23.5.2024 s 16B(1) substituted by 17/2024 s 11(2) 23.5.2024 s 17

s 17(1) amended by 18/1994 s 10(a) 12.5.1994 s 17(3) amended by 18/1994 s 10(b) 12.5.1994 s 17(7) and (8) inserted by 79/1992 s 2 3.12.1992 s 19

s 19(1) amended by 16/2019 s 5(1) 11.7.2019 s 19(1a) inserted by 16/2019 s 5(2) 11.7.2019

amended by 17/2024 s 12(1) 23.5.2024 s 19(2) amended by 16/2019 s 5(3) 11.7.2019 s 19(3) substituted by 16/2019 s 5(4) 11.7.2019

amended by 17/2024 s 12(2) 23.5.2024 s 19(4) inserted by 16/2019 s 5(4) 11.7.2019 prescribed Minister amended by 17/2024 s 12(3) 23.5.2024 s 20

s 20(1) deleted by 18/1994 s 11(a) 12.5.1994 s 20(2) amended by 18/1994 s 11(b) 12.5.1994 s 21

s 21(2) amended by 34/2015 Sch 1 cl 18 5.12.2016 s 23 deleted by 27/2002 s 10 7.11.2002 s 24

s 24(2) substituted by 27/1995 s 19 4.5.1995

amended by 1/2010 s 5 24.6.2010 s 24(2a) inserted by 27/1995 s 19 4.5.1995 s 24(5) substituted by 18/1994 s 12 12.5.1994 s 24A inserted by 25/2021 s 16 9.9.2021 s 30 amended by 18/1994 s 13 12.5.1994 Sch

Pts 1 and 2 omitted under Legislation Revision and Publication Act 2002 24.11.2003 Transitional etc provisions associated with Act or amendments Parliamentary Committees (Miscellaneous) Amendment Act 1994 14—Transitional provision The first members of the Public Works Committee and of the Statutory Authorities Review Committee must be appointed as soon as practicable after the commencement of this Act. Parliamentary Committees (Presiding Members) Amendment Act 2002 11—Transitional provision If, immediately before the commencement of this Act, a person who is holding office as the Presiding Member of a Committee established under the principal Act is not a member of the House from which the Presiding Member of the Committee must be appointed under a provision inserted into the principal Act by this Act, the position of Presiding Member of the Committee immediately becomes vacant and a new Presiding Member must be appointed under the principal Act as amended by this Act (but otherwise this Act does not affect the appointment of a Presiding Member before the commencement of this Act). Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21 76—Savings and transitional regulations Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act. Parliamentary Committees (Referral of Petitions) Amendment Act 2024, Sch 1 1—Transitional provision (1) On the commencement of this clause— (a) despite the provisions of section 16B(1) of the Parliamentary Committees Act 1991, the Legislative Review Committee is not required to inquire into, consider or report on a relevant petition; and (b) the House in which a relevant petition was tabled must refer the relevant petition to an appropriate Committee; and (c) any evidence received by the Legislative Review Committee during an inquiry into a relevant petition— (i) is, by force of this paragraph, referred to the Committee to which the relevant petition has been referred pursuant to paragraph (b) for its consideration; and (ii) must be provided by the Legislative Review Committee to the Committee to which the relevant petition has been referred. (2) In this clause— eligible petition has the same meaning as in section 16B of the Parliamentary Committees Act 1991; relevant petition means an eligible petition that has, on or after 1 May 2023, been referred to the Legislative Review Committee pursuant to section 16B of the Parliamentary Committees Act 1991 as in force before the commencement of this clause. Historical versions Reprint No 1—3.12.1992

Reprint No 2—12.5.1994

Reprint No 3—1.12.1994

Reprint No 4—4.5.1995

Reprint No 5—25.5.1995

Reprint No 6—1.7.1995

Reprint No 7—28.8.1997

Reprint No 8—7.11.2002

Reprint No 9—24.11.2003

2.9.2004

23.11.2008

24.6.2010

1.9.2013

5.12.2016

4.9.2017

30.4.2018

11.7.2019

1.7.2020

9.9.2021

7.10.2021

24.5.2022

1 Parliamentary Committees Act 1991

The Act organises parliamentary oversight through a set of recurring legal concepts and mechanisms. These concepts determine who decides, who pays, what information flows, and how parliamentary scrutiny constrains or influences executive action.

Jurisdictional allocation by subject-matter: each Committee has a statutorily-specified scope (for example s 6 lists finance, economic development and public sector efficiency; s 12 lists legal and constitutional reform and subordinate legislation review; s 12C lists public works criteria). These scopes channel which matters can be considered by each Committee and thereby allocate investigatory bandwidth within Parliament.

Appointment and appointing House: membership numbers and appointing Houses are fixed for each Committee (see ss 5, 8, 11, 12B, 14, 15B, 15E, 15H, 15K, 15N). The term "appointing House or Houses" is defined in s 3 and is significant because the appointing House controls removal, replacement and certain procedural backstops,appointment is a core allocation of decision rights.

Exclusion of Ministers: most committees exclude Ministers from membership (for example s 5(2), s 8(3), s 11(3)), preserving a separation between executive officeholders and committee membership, except in the Natural Resources Committee where Ministers are explicitly allowed (s 15K(3)). That particular exception is a discrete statutory departure from the general rule and alters incentive and access dynamics for that committee.

Referral mechanisms and thresholds: referrals can come from either or both Houses by resolution, from the Governor by Gazette notice, or originate in committee on its own motion (s 16(1)). Financial thresholds and mandatory referrals are concrete control mechanisms: public works with total construction cost exceeding $4,000,000 are referred to the Public Works Committee by operation of s 16A(1), and funds may not be applied to such works until the Committee has inquired and reported (s 16A(2)). Petitions meeting the eligible petition definition (s 16B) must be referred to an appropriate Committee by the House where presented.

Reporting, timelines and executive response: committees must report on referred matters (s 17). A referral may include a time limit (s 17(2)). Where a report recommends, the responsible Minister must respond within four months and lay or cause the response to be made available to the appropriate House(s) within statutory time frames (s 19(2)-(3)). For petitions, a prescribed Minister must address the House within 6 sitting days (s 19(3)(a)).

Powers and immunities: committees have the privileges, immunities and powers of committees established by either House (s 28(1)). These powers explicitly include the power to "send for persons, papers and records" (s 28(2)). The Act also shields committees from judicial review: committee proceedings, reports and documents "may not give rise to any cause of action or be made the subject of, or in any way be called into question in, any proceedings before a court" (s 31).

Procedure and quorum requirements: quorum is fixed relative to committee size (s 24(2)), and a 5-member committee requires the presence of at least one member appointed from the group led by the Leader of the Opposition when the committee consists of 5 members (s 24(2)(a)). Remote meetings are authorised provided members are able to communicate contemporaneously during deliberations and votes and hear witnesses contemporaneously (s 24A).

Confidentiality and limits on inquiry: some committees are under explicit confidentiality constraints. The Statutory Officers Committee must not disclose matters considered for the purpose of determining a suitable person for appointment (s 15I(2)). The Crime and Public Integrity Policy Committee is restricted in its access to identifying information from the Independent Commission Against Corruption and in its power to investigate particular conduct or obtain criminal intelligence (s 15O(2)-(3)), while s 15O(4) provides a specific route for requiring disclosure of information necessary to inquire into processes, procedures or practices.

Funding and administrative support: the Act provides that funds necessary for the Act's purposes are to be paid from Parliamentary appropriations (s 35), and that Presiding Officers of both Houses are responsible for coordinating committee work, avoiding duplication, and arranging staff and facilities (s 32). Committees may use public service employees or facilities with prior authorisation and Ministerial approval subject to mutual terms (s 33(1)).

Taken together, these concepts distribute investigatory authority to a set of specialised committees, create statutory referral points that can trigger mandatory inquiries (notably public works and certain petitions), set obligations on Ministers to respond, and vest committees with investigative powers and immunities characteristic of parliamentary committees. The Act structures the institutional incentives for parliamentary scrutiny chiefly by (a) specifying what may be referred and what committees must do, (b) creating statutory timing and publication requirements for reports and executive responses, and (c) giving committees investigatory powers and legal protections to compel information and publish findings.

The Act affects a discrete set of actors , Parliament, Ministers and the executive, public officers and State instrumentalities, statutory authorities, proponents and deliverers of public works, petitioners and members of the public, and public sector employees who may be asked to provide information or assistance.

Parliament and its Houses: The principal immediate effect is on the House of Assembly and the Legislative Council. Each appointing House is responsible for appointment, removal and replacement of committee members (ss 3, 20-21). Presiding Officers of both Houses are charged with coordinating committee work and allocating staff and facilities (s 32). The Act also affects parliamentary procedure by creating statutory timeframes for committee reports and ministerial responses (ss 17, 19).

Members of Parliament: MPs are the pool from which committee membership is drawn and therefore the Act affects MPs’ workloads and responsibilities. Membership sizes vary by committee (for example Economic and Finance: seven members, s 5(1); Social Development: as to numbers, s 14(1)). The Act places eligibility constraints , a Minister of the Crown is ineligible for appointment to most committees (e.g. ss 5(2), 8(3), 11(3)) with a statutory exception for the Natural Resources Committee that allows Ministerial membership (s 15K(3)). Some committees specify at least one appointment from the Leader of the Opposition and Leader of the Government groups (for example ss 15H(1)(a)(i)-(iii), 15H(1)(b)(i)-(iii), s 15N(1)) which affects the partisan composition and the internal dynamics of appointment.

Ministers and executive agencies: ministers are the addressees of committee reports where the report contains a recommendation to that effect and must respond within statutory timeframes (s 19). Executive agencies and State instrumentalities are frequent subjects of inquiry (for example s 6(1)(a)(iii) permits inquiry into functions or operations of State instrumentalities), and the Public Works Committee has explicit powers to examine the projected net effect of works on the Consolidated Account or statutory authority funds (s 12C(1)(vi)). The Act’s power to send for persons, papers and records (s 28(2)) directly imposes disclosure demands on public officers and agencies.

Statutory authorities and publicly funded bodies: the Act directly targets statutory authorities through the Statutory Authorities Review Committee (s 15C), which can examine their need to continue, their functions, structure, duplication and net effect on State finances (s 15C(1)(a)(i)-(vi)). The Act’s definitions (s 3) clarify what constitutes a statutory authority and a State instrumentality, which determines when a body falls within committees’ attention.

Proponents of public works and suppliers: the Public Works Committee’s mandatory referral for projects exceeding $4,000,000 (s 16A(1)) affects project timelines and oversight. The Act bars expenditure on construction of such works until the Public Works Committee has inquired and presented or published its final report (s 16A(2)). There is an exemption for works funded or constructed by the Superannuation Funds Management Corporation of South Australia (s 16A(3)).

Petitioners and the public: amendments inserted by the Parliamentary Committees (Petitions) Amendment Act 2019 and later adjusted in 2024 make eligible petitions (at least 10,000 signatures, s 16B) subject to mandatory referral to an appropriate committee by the House where presented (s 16B(1)). This creates a statutory route for substantial public petitions to attract committee scrutiny. The Act also sets rules on public attendance at committee hearings, allowing public presence during witness examination but excluding the public during deliberation (s 26).

Integrity, police and oversight bodies: the Crime and Public Integrity Policy Committee interacts with oversight bodies by examining reports laid before both Houses prepared by the Independent Commission Against Corruption, the Director of the Office of Public Integrity, the Commissioner of Police and the Ombudsman (s 15O(1)(a)). The Act places restrictions on disclosure by ICAC to the Committee of identifying information about persons who are subjects of investigations (s 15O(2)), and places limits on the Committee’s investigatory reach into particular conduct and criminal intelligence (s 15O(3)), while allowing the Committee to require disclosure for process and practice inquiries (s 15O(4)).

Public servants and contractors: committees may, with prior authorisation, make use of public service employees or facilities on mutually agreed terms (s 33(1)). Committees may commission external persons to investigate and report (s 33(2)). The power to "send for persons, papers and records" (s 28(2)) can oblige public servants, agency heads, and third parties to provide evidence.

Legal system and courts: the Act immunises committee proceedings and publications from judicial review (s 31), which limits an avenue of legal challenge and affects litigants’ ability to obtain judicial scrutiny of committee activity.

Finance: the Act provides that the money required for its implementation is to be paid from appropriation by Parliament (s 35), which places the financial burden on Parliamentary appropriation processes rather than departmental budgets.

In practical terms, the Act intersects with a wide set of actors across the executive and public sector. It reallocates investigatory capacity within Parliament, creates statutory entitlements and duties to respond, and compels disclosure in ways that impose administrative burdens on public bodies and shape how Ministers and agencies respond to parliamentary scrutiny.

The Act creates specific duties on appointing Houses, committees, Ministers and public officers, and grants committees a suite of rights and procedural powers. These obligations and entitlements set the framework for parliamentary oversight.

Duties of appointing Houses

Appointment: appoint committee members as soon as practicable after the first sitting day of each new Parliament (s 20(2)), and fill vacancies promptly if a member ceases to hold office (s 21(3)). Appointing Houses may remove members (s 21(1)).
Referral: the House of Assembly or the Legislative Council must, on presentation of an eligible petition by a member, refer the petition to an appropriate Committee (s 16B(1)). Committees may also be referred matters by resolution of the appointing House or Houses (s 16(1)(a)).

Duties of committees

Inquiry and reporting: a Committee must inquire into and report on matters referred to it (s 6(a), s 9(a), s 12(a), s 12C(a), s 15(a), s 15C(1)(a) etc.; general duty in s 17(1)). Committees must give priority to matters referred by the Act or by other Acts, then to matters referred by appointing Houses, and only thereafter to other matters (s 17(3)(a)).
Time-limited reporting: committees must comply with limitations on time fixed by appointing Houses (s 17(2), s 17(3)(b)).
Minutes: committees must keep full and accurate minutes of proceedings (s 27).
Confidentiality: the Statutory Officers Committee must not publicly disclose matters received or considered when determining a suitable person for appointment (s 15I(2)).

Duties of Ministers and the Executive

Ministerial response: where a Committee report or part of it is referred to a responsible Minister, the Minister must respond within four months and state which recommendations will be carried out and the manner of implementation, and which will not and the reasons (s 19(2)). For reports arising from petitions, the prescribed Minister must address the House and explain action within 6 sitting days (s 19(3)(a)).
Provision of information: public officers and State instrumentalities are subject to committees’ powers to request persons, papers and records (s 28(2)); committees may also, with required authorisations, make use of public service employees and facilities (s 33(1)).

Rights and powers of committees

Investigatory powers: committees have privileges, immunities and powers that attach to committees established by either House (s 28(1)), including a power to send for persons, papers and records (s 28(2)).
Power to publish and include drafting: committees may publish documents, make interim reports (s 17(4)), include draft Bills to give effect to recommendations (s 17(5)), and include minority reports at the request of a member (s 17(6)).
Procedural rights: committees may sit during parliamentary recesses and intervals between Parliaments (s 25(1)), may meet remotely provided contemporaneous communications are available (s 24A), and are entitled to keep the public out of deliberative sessions (s 26).

Limits and constraints on committee action

Immunity from judicial review: committee proceedings and reports are not subject to court challenge (s 31); that both protects committees and removes a legal check available in other statutory contexts.
Confidentiality limits and disclosure controls: the Statutory Officers Committee’s confidentiality duty (s 15I(2)), and ICAC disclosure restrictions to the Crime and Public Integrity Policy Committee (s 15O(2)), restrict what committees may receive or publish.
Prohibition against member participation where direct pecuniary interest: a member must not take part in proceedings that relate to a matter in which they have a direct pecuniary interest not shared in common with other subjects of the Crown (s 29).

Rights of members and minority reporting

Minority report: any member may, at request, have a minority report included in the Committee’s report (s 17(6)).
Presiding Member appointment: committees must appoint a Presiding Member and have specific rules identifying which House nominates the Presiding Member (see ss 5(3), 8(4), 11(4), 12B(3), 14(4), 15H(3), 15K(4), 15N(4)). Where the committee cannot decide, the appointing House determines the matter by force of the statutorily-prescribed tie-break (those subsections).

Enforcement and remedies

Removal and vacancies: appointing Houses may remove members (s 21(1)); members cease to be members on death, resignation, completing term and not reappointed, ceasing to be a member of the appointing House, becoming a Minister, or removal by the appointing House (s 21(2)).
Breach of privilege and contempt: any breach of privilege or contempt alleged in relation to a Committee may be dealt with by the Committee’s appointing House or Houses (s 28(3)). There are no express criminal penalties or new civil remedies created by the Act; enforcement occurs through parliamentary privilege mechanisms and internal House processes.

Financial duties

Funding: the Act requires that money necessary for its purposes is paid out of Parliamentary appropriations (s 35). Committees may, with proper authorisations, use public servant support on terms agreed with Ministers (s 33(1)).

Together these duties and rights create a framework where committees are statutorily empowered to scrutinise, compel information, report and publish, while Ministers and public bodies are under procedural obligations to respond and provide information. The Act both grants investigatory tools and places procedural constraints (confidentiality, limits on disclosure from certain agencies, and immunities from judicial review) that shape how committees exercise those tools.

The Act does not create a new regime of criminal sanctions or civil penalties. Enforcement mechanisms provided are largely internal to Parliament and derive from the privileges, immunities and powers that attach to parliamentary committees and from appointing Houses’ control over membership.

No statutory fines or criminal offences

The Act contains no express monetary fines, administrative penalties or criminal offences for non-compliance by Ministers, public officers or external parties with committee inquiries, nor does it prescribe civil remedies for thwarted committee processes. Instead enforcement proceeds via parliamentary powers and processes embodied in the Act (there is no penal schedule in the text).

Parliamentary powers, privileges and contempt procedures

Committees have "all privileges, immunities and powers that attach to or in relation to a committee established by either House" (s 28(1)). This statutory incorporation means committees can rely on parliamentary contempt and privilege mechanisms to enforce compliance. Subsection 28(2) explicitly gives committees power to "send for persons, papers and records", which is the statutory articulation of subpoena-type powers. Alleged breaches of privilege or contempt in relation to a Committee or its proceedings may be dealt with by the Committee's appointing House or Houses under s 28(3). The Act does not specify the procedural steps or penalties for contempt; those remain matters for the Houses' standing orders and resolutions.

Removal of members and control by appointing Houses

Appointing Houses exercise enforcement power over committee membership: a member may be removed from office by their appointing House (s 21(1)). Vacancy rules (s 21(2)-(3)) and reappointment eligibility (s 21(4)) are statutory levers that a House can use to enforce standards or recompose committees.

Ministerial accountability enforced by statutory timelines

Ministers are statutorily obliged to respond to committee reports within four months when a report or part of a report is referred to them (s 19(2)). For reports relating to petitions, the prescribed Minister must address the House within 6 sitting days (s 19(3)(a)). The Act prescribes the timing and laying of responses (s 19(3)(b)), but it does not create a sanction for failure to respond within the statutory period; political accountability and standing orders enforcement mechanisms are the practical means of addressing non-compliance.

Immunity from judicial review

Section 31 provides that committee proceedings and published reports "may not give rise to any cause of action or be made the subject of, or in any way be called into question in, any proceedings before a court". This removes a judicial route to attack committee actions or compel compliance. The practical enforcement consequence is that courts are not the forum for challenging committee processes, leaving enforcement to parliamentary mechanisms.

Confidentiality and restricted disclosure provisions with statutory constraints

The Statutory Officers Committee is under duty not to make certain matters the subject of public disclosure when considering suitable appointments (s 15I(2)). The Crime and Public Integrity Policy Committee faces statutory restrictions on the disclosure of identifying information received from the Independent Commission Against Corruption (s 15O(2)) and limits on investigating particular conduct or obtaining criminal intelligence (s 15O(3)). Breaches of these statutory constraints would be matters for parliamentary discipline and potentially for the agencies concerned rather than for new criminal sanctions established by this Act.

Administrative and financial enforcement

The Act provides that money required for its purposes is to be paid out of Parliamentary appropriations (s 35). Failure to provide funding would be a matter for the appropriation process and political accountability rather than a penalty within the Act.

Practical enforcement summary

Enforcement within the Act is primarily political and internal to Parliament: appointing Houses can remove members, assert privilege and find contempt, require Ministers to respond and use standing orders to compel compliance. The Act grants committees investigatory powers (send for persons and records) but leaves the exercise and enforcement of those powers within the ambit of parliamentary privilege and House processes. Judicial enforcement is largely excluded by s 31, and the Act does not create civil or criminal penalty provisions for non-compliance.

For advisers and agencies, that structure means compliance and risk management should focus on parliamentary processes, reputational risk, and administrative responsiveness to committee orders and requests, since judicial enforcement and statutory fines are not available under the Act.

The Act is written to operate alongside and interact with other South Australian statutes and with parliamentary standing orders. The text explicitly cross-references, incorporates limits derived from, and assigns functions with specific regard to other Acts.

Subordinate legislation and statutory review functions

The Legislative Review Committee is empowered to inquire into and report on subordinate legislation referred under the Subordinate Legislation Act 1978 (s 12(b)). The definition of "subordinate legislation" in s 3 cross-references the Subordinate Legislation Act 1978 and section 10A of that Act, tying committee scrutiny to the statutory regime that governs delegated legislation.

Statutory authorities and public sector bodies

The Statutory Authorities Review Committee’s function is to inquire into statutory authorities referred under this Act, including their finances and effectiveness (s 15C(1)(a)(i)-(vi)). The Act’s definitions of "statutory authority" and "State instrumentality" (s 3) determine which bodies fall within committee purview. The Parliamentary Committees Act amends or interacts with other Acts by creating oversight routes for bodies established under those Acts (see legislative history entries showing the Act amended various other statutes).

Public works and related Acts

Section 16A requires referral to the Public Works Committee of public works with aggregate construction costs above $4,000,000 and prevents application of funds to such works until inquiry has finished (s 16A(1)-(2)). The s 16A(3) exemption references the Superannuation Funds Management Corporation of South Australia and is consequent on the Superannuation Funds Management Corporation of South Australia Act 1995 (see legislative history entries and s 16A(3)). That creates an intersection between public works oversight under this Act and funding arrangements under the Superannuation Funds Management Corporation Act.

River Murray and natural resources statutes

The Natural Resources Committee’s remit intersects explicitly with the River Murray Act 2003. Section 15L(1)(b) requires the Committee to consider the extent to which Objectives for a Healthy River Murray are being achieved and to consider the Minister’s periodic reviews under s 11 of the River Murray Act 2003 (s 15L(1)(b)(i)-(ii)). Section 15L(1)(a)(iv) references the objects of the Landscape South Australia Act 2019. These cross-references embed the Committee as a parliamentary oversight mechanism for natural resources statutes.

Integrity and law enforcement Acts

The Crime and Public Integrity Policy Committee is tasked with examining reports under several Acts and review requirements, including the Independent Commission Against Corruption Act 2012, the Police Act 1998, the Serious and Organised Crime (Control) Act 2008, the Serious and Organised Crime (Unexplained Wealth) Act 2009, and others listed in s 15O(1)(a)-(b)(iii). The Committee is restricted from obtaining information classified as criminal intelligence or information that, in the opinion of relevant investigators, may prejudice investigations (s 15O(3)). ICAC is restricted from disclosing identifying information to the Committee unless already public or required under s 15O(4) (s 15O(2)). Thus, the Parliamentary Committees Act both harnesses and limits committee interaction with specialised integrity and law enforcement frameworks.

Occupational health and safety statutes

The Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation must keep the administration of the Occupational Health, Safety and Welfare Act 1986 and the Workers Rehabilitation and Compensation Act 1986 under continuous review and may examine regulations that may enable statutory functions to be performed by private bodies (s 15F(1)(a)-(b)). This makes the committee a statutory oversight conduit for industrial relations and occupational safety legislation.

Transitional interaction with formerly separate committees

The Schedule (Part 3) provides that matters before former committees listed in the Schedule (Joint Committee on Subordinate Legislation; Public Accounts Committee; Parliamentary Standing Committee on Public Works) may be continued by the new committees under this Act (Schedule cl 1-2). The legislative history documents repeal of older Acts (Public Accounts Committee Act 1972, Public Works Standing Committee Act 1927) and shows how functions were reallocated.

Publication, reports and other Acts

Section 17(8) provides that reports published under the Act will be taken for other Acts or law to be reports of Parliament published under authority of the appointing House(s). This interacts with any other statutory duties that depend on Parliamentary reports being tabled or published.

Ministerial response and standing orders

The ministerial response regime (s 19) interacts practically with standing orders and House procedures because s 19(3) requires laying responses before the Committee’s appointing House(s) and in the case of petitions requires a prescribed Minister to address the House within 6 sitting days. Rules for how Ministers are required to appear or respond will be shaped by standing orders and House practice.

Remote meetings and COVID-era amendments

Section 24A, inserted by a 2021 amendment, authorises remote meetings and prescribes communication standards. This provision interacts with technological and administrative arrangements across parliamentary and public service IT, records and witness-provision regimes.

Limits on judicial review

Section 31 immunises committee proceedings and outputs from judicial review. That interacts with judicial review legislation and principles by explicitly removing committees from regular court scrutiny. Practitioners should note that s 31 narrows judicial remedies and shifts dispute resolution into the parliamentary domain.

In sum, the Parliamentary Committees Act is designed to operate as an institutional overlay that draws on and restricts interaction with a range of other statutes , subordinate legislation regimes, public works funding regimes, integrity and law enforcement statutes, natural resources statutes, and administrative provisions for appointment and confidentiality. Its cross-references and specific limitations (for example s 15O constraints and s 31 immunity) define both the scope and the limits of parliamentary committee oversight in relation to other legal regimes.

The legislative history attached to the Act is detailed and records multiple amendments that have altered committee structure, membership rules, functions and procedural provisions. Below are key change points drawn from the Act's legislative history as published in the text.

Principal Act and early structural consolidation (1991-1995)

The Parliamentary Committees Act 1991 was enacted to replace multiple predecessor statutes and to consolidate committee functions (assent 21 November 1991; commencement 11 February 1992). The principal Act repealed older Acts including the Public Accounts Committee Act 1972 and the Public Works Standing Committee Act 1927 (Legislation repealed section in the history).
Parliamentary Committees (Publication of Reports) Amendment Act 1992 (No 79) made reporting and publication adjustments (assent and commencement 3 December 1992).
The Parliamentary Committees (Miscellaneous) Amendment Act 1994 (No 18) introduced several definitional changes (including "construction", "land", "public work", "statutory authority" and "work", inserted by s 3 of that Amendment) and inserted Part 4A (Public Works Committee) into the principal Act (commencement dates in 1994). The 1994 changes materially added the public works scrutiny regime that later interacts with s 16A.

Functional changes and committee membership rules (1995-2004)

The Statutes Amendment (Attorney-General's Portfolio) Act 1995 and other 1995 legislation made consequential amendments, including the Superannuation Funds Management Corporation references (Sch 2 to the Superannuation Funds Management Corporation Act 1995).
Amendments in 1995-1997 adjusted membership and quorum provisions; for example, s 24(2) substitution by 27/1995 (s 19) altered quorum numbers for committees depending on membership size.
The Parliamentary Committees (Presiding Members) Amendment Act 2002 (No 27) inserted presiding member tie-break provisions into several sections (s 5(3), s 8(4), s 11(4), s 12B(3), s 14(4), s 15H(3), s 15K(4), s 15N(4)), and included transitional rules for existing presiding members who might no longer be to be drawn from required Houses.

Targeted functional insertions and statutory oversight (2003-2013)

The River Murray Act 2003 (No 35) introduced responsibilities for the Natural Resources Committee to consider River Murray objectives and ministerial reviews (s 15L(1)(b) references). This connected committee oversight to a major environmental statute.
The Natural Resources Management Act 2004 and subsequent amendments further altered the Natural Resources Committee’s remit (amendments to s 15L).
The Statutory Officers Committee and Statutory Authorities Review Committee camps were adjusted in composition and powers during this period.

Petitions regime and ministerial response changes (2019-2024)

The Parliamentary Committees (Petitions) Amendment Act 2019 (No 16) inserted s 16B and related petition provisions (assent and commencement 11 July 2019). Section 16B introduced the "eligible petition" mechanism (not less than 10,000 signatures) and required referral on presentation.
The Parliamentary Committees (Referral of Petitions) Amendment Act 2024 (No 17, commenced 23 May 2024) substituted s 16B(1) and adjusted references and transitional arrangements (see Sch 1, transitional clause in the history). The 2024 amendment contains a transitional provision affecting eligible petitions referred to the Legislative Review Committee on or after 1 May 2023, requiring re-referral to other committees and transfer of evidence (Sch 1, cl 1 of the 2024 Amendment).

Integrity and public integrity-related amendments (2012-2021)

The Independent Commissioner Against Corruption Act 2012 (No 52) and later amendments (including the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021) interact with s 15O and altered the Crime and Public Integrity Policy Committee’s functions and limitations. The 2012 Act prompted substitution entries in the legislative history (Sch 3 cl 56-59) and consequential amendments in 2013.
Amendments in 2016-2018 refined the Crime and Public Integrity Policy Committee’s duties and included statutory reviews and reporting requirements (notably s 15O amendments by Acts in 2016, 2017 and 2018).
The 2021 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act and Statutes Amendment (COVID-19 Permanent Measures) Act 2021 further modified committee powers and introduced s 24A allowing remote meetings (s 24A inserted by 25/2021, commenced 9 September 2021).

Membership and composition adjustments (2010-2020)

The Parliamentary Committees (Membership of Committees) Amendment Act 2010 (No 1) and subsequent instruments adjusted membership numbers across several committees (for example s 14 substituted to change Social Development Committee membership numbers, s 15K membership changes for the Natural Resources Committee in 2010).
Natural Resources Committee membership numbers and composition were updated in 2003, 2004 and later (s 15K amendments recorded across 2003, 2004, 2006, 2019 and 2024).

Other legislative interactions and continuing amendments

The legislative history records numerous other amendments that change particular subsections or definitions, including amendments to s 6 (Economic and Finance functions) by 1994 and 2024, s 9 (Environment functions) amended 2024, s 12 (Legislative Review) amended 1994 and 2019, the 1995 and 2002 amendments to s 12B on Public Works Committee membership, s 15F updated in 2024, s 15I amended in 2013 and 2024, and many more cross-referenced adjustments detailed in the "Provisions amended" table. The history records specific commencement dates for each amendment.

Transitional provisions and saved material

The Schedule Part 3 contained transitional provisions to allow continuation of inquiries by prior committees (cl 1-2). Additional transitional clauses were included with later amending Acts, notably the Parliamentary Committees (Presiding Members) Amendment Act 2002 and the Parliamentary Committees (Referral of Petitions) Amendment Act 2024 (Sch 1 of the 2024 Act).

Practical takeaway from amendment history

The Act has been regularly adjusted: membership sizes, functions, procedures and referral mechanisms have changed incrementally. Significant programmatic changes include the 1994 insertion of the Public Works Committee and definitions affecting public works (s 16A), the 2019 petition referral regime (s 16B), 2021 permanent remote meeting authorisation (s 24A), and 2024 adjustments to petition referral and committee functions. Those changes show the statute’s adaptability to institutional priorities (public works scrutiny, public petitioning, remote working, and integrity reporting), and highlight specific clauses that practitioners need to track for current operational requirements (notably ss 16A, 16B, 19, 24A, 31 and the several committee-specific functional sections).

All amendments and their commencement details are enumerated in the legislative history attached to the Act text; advisers must check the entries for each provision to confirm whether any amendments are uncommenced (the Act’s notes flag that uncommenced amendments are not incorporated).

The text supplied contains no reported cases, judicial decisions or litigation records referring to the Parliamentary Committees Act 1991. The Act itself contains a statutory bar on judicial review of committee proceedings and outputs, which has a direct litigation impact.

Statutory bar on judicial review

Section 31 provides that "The proceedings of a Committee or any report or recommendation of, or document published by, a Committee may not give rise to any cause of action or be made the subject of, or in any way be called into question in, any proceedings before a court." This clause legally restricts the availability of judicial remedies for those aggrieved by committee actions or outputs and is a key provision affecting litigation strategy relating to committee processes.

Consequences for judicial review and related litigation

Because the Act precludes court proceedings that call committee proceedings into question, disputes that might otherwise be litigated , for example alleged breaches of natural justice in committee procedure, or disputes over the propriety of evidence handling by a committee , are removed from the courts by the plain wording of s 31. That shifts effective enforcement and review of committee action into the parliamentary domain: remedies, redress and accountability must be sought through House privileges, political processes, or through compliance with other concurrent statutory obligations enforced outside the committee context.

Absence of cases in the provided text

The supplied legislative text and the legislative history do not name any judicial decisions, nor does the Schedule or notes refer to litigation involving the Act. Practitioners wanting case law on committee powers, privilege, or the meaning of s 31 must consult court reports and databases for any relevant decisions interpreting parliamentary privilege or similar provisions, but the Act’s textual bar suggests courts will approach any attempt to review committee proceedings with considerable caution.

Practical implications for advisers

Because the Act limits judicial scrutiny, legal advisers should direct risk management towards parliamentary procedure: ensuring compliance with committee procedures, confidentiality obligations (for example s 15I(2)), and statutory limits on disclosure (s 15O(2)-(3)). Where a party believes a committee has overstepped, the statutory route is to raise the matter in the appointing House (for possible referral, quorum or membership remedies) rather than to seek interlocutory relief from a court under this Act.

If a client requires case law on analogous matters (such as judicial review of parliamentary committees in other jurisdictions or constitutional principles on parliamentary privilege), that material is outside the Act text and must be drawn from external sources; the supplied Act text does not provide a litigation record.

The Act contains several specific provisions and exceptions that may catch practitioners, agencies and MPs unaware if not checked carefully. These are concrete operational or legal traps that arise from the statute’s wording.

Mandatory halt on expenditure for large public works (s 16A)

Section 16A(2) provides that no amount may be applied for the actual construction of a public work referred under s 16A(1) (works whose total cost when all stages are complete exceeds $4,000,000) unless the Public Works Committee has first inquired into the work and its final report has been presented or published under s 17(7). The practical effect is that appropriation of funds or commencement of construction cannot proceed for such works without prior committee inquiry, unless an exemption applies (s 16A(3)). Practitioners involved in project delivery must check whether a project triggers s 16A, or risk procedural invalidity or political challenge.

Superannuation Funds Management Corporation exemption (s 16A(3))

Section 16A(3) exempts works if the whole or part of the construction cost is to be met from money provided by, or if the work is to be constructed by or on behalf of, the Superannuation Funds Management Corporation of South Australia. That narrow statutory exemption means that funding source determines whether mandatory referral applies; misallocating or mislabelling funding could lead to procedural disputes.

Petition threshold and referral mechanics (s 16B) and recent changes

The eligible petition threshold is 10,000 signatures and petitions must comply with standing orders (s 16B(2)). The House in which an eligible petition is presented must refer it to an "appropriate Committee" (s 16B(1)). The 2024 amendments substituted aspects of s 16B(1) and included transitional provisions (Sch 1 of the 2024 amending Act) dealing with petitions referred to the Legislative Review Committee between 1 May 2023 and the 2024 commencement. Practitioners handling petitions must track which committee is "appropriate" and be alert to transitional re-referrals and evidence transfer obligations.

Ministers generally ineligible but Natural Resources exception (s 15K(3))

The general rule across the Act is that Ministers are not eligible for committee appointment (for example ss 5(2), 8(3), 11(3)), but s 15K(3) makes Ministers eligible to be members of the Natural Resources Committee and provides that s 21(2)(e) (which would otherwise remove a member who becomes a Minister) does not apply in relation to that Committee. This targeted exception changes incentives and access: Natural Resources Committee members may have a stronger link to executive decision-making than in other committees.

Confidentiality constraints on Statutory Officers Committee (s 15I(2))

Material disclosed to or considered by the Statutory Officers Committee when determining suitable persons for statutory appointment "must not be made the subject of public disclosure or comment" (s 15I(2)). That is a strict confidentiality obligation, and inadvertent disclosure could contravene this statutory duty and create reputational or parliamentary consequences.

Restrictions on Crime and Public Integrity Policy Committee access (s 15O)

The Committee is authorised to examine many reports and laws (s 15O(1)), but is restricted in two important ways: s 15O(2) forbids the Independent Commission Against Corruption from disclosing identifying information about subjects of complaints or witnesses to the Committee except where the information is already public or the Committee requires disclosure under s 15O(4); s 15O(3) prevents the Committee from investigating particular conduct or seeking criminal intelligence or other information that could prejudice police or law enforcement investigations. Failure to observe these boundaries risks overreach and statutory conflicts with investigative agencies.

Remote meetings and evidentiary quality (s 24A)

Remote meetings are valid if members can communicate contemporaneously and hear witnesses contemporaneously (s 24A). Practically, there are evidentiary and record-keeping implications: committees must ensure technology supports real-time interaction and public record obligations. Poor setup may jeopardise the admissibility or perceived reliability of oral evidence or the validity of votes if contemporaneous communication is not demonstrably achieved.

Quorum composition requirements and political implications (s 24(2)(a))

For 5-member committees, the quorum is 3 members and at least 1 must have been appointed from the group led by the Leader of the Opposition in the committee’s appointing House (s 24(2)(a)). For committees that have reduced membership numbers (for example Public Works Committee will be five members from a specified date, s 12B(1a)), this requirement has concrete political-impact consequences: the Opposition has a structural presence in quorums for smaller committees, and failure to include such a member could render a meeting inquorate.

Immunity from judicial review , shifting remedies to political processes (s 31)

Section 31 removes the availability of judicial review over committee proceedings and outputs. That external legal check is unavailable, so parties that might otherwise seek court review must rely on parliamentary privilege processes, political remedies or other statutory avenues. This is a structural constraint on external legal recourse.

Report and ministerial response timing traps (s 17 and s 19)

Committees must comply with any time limits fixed by appointing Houses (s 17(2)-(3)), and Ministers must respond within four months to reports referred for response (s 19(2)). Failing to file timely responses is not subject to express statutory sanction in the Act but invites parliamentary censure or other political consequences. Practitioners working on government responses need to build compliance into project timelines.

Presiding Member appointment tie-breakers and transitional vacancies

Many committee sections create the process that, if the committee cannot decide on a Presiding Member, the appointing House will determine it (see e.g. s 5(3), s 8(4), s 11(4), s 12B(3)). The 2002 Presiding Members Amendment Act included transitional provisions that could leave a Presiding Member office vacant until resolved. Practitioners should be conscious that cross-House compositions and shifts in membership can temporarily leave presiding offices vacant.

Use of public servants and external contractors (s 33)

Committees may use public service employees or facilities only with prior authorisation and the approval of the Minister administering the relevant administrative unit and on mutually arranged terms (s 33(1)). Expect negotiation on the scope and cost of assistance, and potential delays if authorisation and ministerial approvals are contested.

Minority reports and internal dissents (s 17(6))

Any member may require inclusion of a minority report. For committees with narrow majorities, this can produce multiple competing reports and complicate the political reading of a committee’s output. Officeholders and agencies responding to recommendations should be clear which parts of a report command majority support.

Taken together, the "gotchas" in the Act are predictable legal and procedural friction points: mandatory referral and expenditure halt for large public works, petition referral obligations and thresholds, committee confidentiality and disclosure constraints, s 31’s immunity from courts, and membership/composition exceptions that alter normal exclusion rules for Ministers. Operational actors should map these clauses to project timelines, evidence protocols and ministerial response processes to avoid inadvertent non-compliance.

Compliance under the Parliamentary Committees Act 1991 is predominantly procedural and political rather than penal. The Act prescribes specific obligations and timelines; the practical steps below are derived from the statutory text and indicate who should act and how.

For appointing Houses (House of Assembly and Legislative Council)

Appoint members promptly after the first sitting day of a new Parliament (s 20(2)). Maintain records of appointments and ensure replacement appointments are made promptly on vacancies (s 21(3)).
If a committee fails to elect a Presiding Member, be prepared to exercise the statutory tie-break role specified in several sections (for example s 5(3), s 8(4), s 11(4)).
Ensure petitions laid in the House are referred in accordance with s 16B(1) when they qualify as "eligible petitions" (s 16B(2)). Track the threshold for eligible petitions (10,000 signatures).

For committee presiding members and secretariats

Maintain minutes and full records as required by s 27. Ensure published reports comply with s 17(7)-(8) where publication prior to presentation is authorised.
Comply with quorum requirements (s 24(2)) and verify member attendance for votes and deliberations. For five-member committees ensure at least one member at quorum was appointed from the group led by the Leader of the Opposition (s 24(2)(a)).
Implement and test remote meeting technology to meet s 24A requirements: contemporaneous audio-visual or audio communications for deliberation, voting and witness examination; preserve contemporaneous records and transcripts where possible.
For committees requiring confidentiality (for example Statutory Officers Committee s 15I(2)), implement clear handling protocols for sensitive information and ensure all staff and members are warned about and abide by disclosure limits.

For Ministers and agencies responding to committee reports

Track statutory timelines: respond within four months where a report or part of a report is referred to a responsible Minister (s 19(2)). Responses must state which recommendations will be carried out and how, and which will not and why.
For reports relating to petitions, arrange for the "prescribed Minister" to address the House within six sitting days and explain actions or reasons for inaction (s 19(3)(a)). Ensure the response is laid before the Committee’s appointing House or Houses within six sitting days where s 19(3)(b) applies.
When a committee issues a draft Bill or recommendation requiring legislative action, work with parliamentary counsel branches to provide timely, legally precise advice, recognising the ministerial response must address implementation steps (s 17(5) and s 19(2)(a)).

For public officers and State instrumentalities

Be prepared to supply persons, papers and records where committees exercise "send for" powers (s 28(2)). Ensure document management and release protocols are in place, including liaising with legal teams on privilege, confidentiality and FOI implications.
If a committee has statutory limitations on access to particular information (for example the ICAC information restrictions in s 15O(2)), seek legal advice before releasing identifying or intelligence material and verify that disclosure is authorised under the relevant Act or by s 15O(4).

For proponents and deliverers of public works

Before committing to construction expenditure on a public work likely to exceed $4,000,000, check whether the project falls within the "public work" definition (s 3) and triggers mandatory referral under s 16A(1). Where referral applies, expect the prohibition on applying funds until the Public Works Committee has inquired and reported (s 16A(2)) unless the Superannuation Funds Management Corporation exemption applies (s 16A(3)).
Factor committee inquiry timelines into project schedules, and be prepared to provide whole-of-life costings, revenue projections, estimates of net effect on the Consolidated Account, and explanations for cost overruns, as these are explicitly within the Public Works Committee’s inquiry scope (s 12C(1)(iii)-(vi)).

For petitioners and advocacy groups

Ensure petitions meet the eligible petition criteria (at least 10,000 signatures and compliance with relevant standing orders) to secure referral under s 16B. Be aware of recent transitional rules and which Committee is appropriate for referral; follow the House’s standing orders to ensure the petition is presented correctly.
When a petition leads to a committee inquiry, anticipate ministerial response timelines and prepare supporting materials that the Committee can publish or use in report recommendations.

For those handling statutory officer appointments

The Statutory Officers Committee must keep candidate information confidential when considering suitability for appointment (s 15I(2)). Processes for vetting candidates should be constructed with confidentiality safeguards and legal oversight; prepare non-disclosure protocols and limit dissemination of candidate materials.

For law enforcement and integrity agencies

For the Crime and Public Integrity Policy Committee, observe s 15O(2)-(4) constraints. ICAC and similar bodies should only disclose identifying information to the Committee where the information is already public or where the Committee requires disclosure under s 15O(4). Create internal procedures that check whether requested information is permissible to disclose and record the statutory basis for any disclosure.

For all parties

Understand that committee proceedings, reports and publications are immunised from judicial review (s 31). Consequently, remedy and challenge strategies must be primarily political or administrative; legal teams should prepare to engage in parliamentary processes, privilege inquiries, or to seek remedies outside the scope of committee proceedings if appropriate statutory or regulatory avenues exist.

Administrative support and funding

Ensure funding is sought via Parliamentary appropriation processes (s 35). For assistance from public service administrative units, obtain prior authorisation from the Presiding Officer(s) and Minister approval for the administrative unit, and agree terms (s 33(1)).

Records and publication practice

When committees publish interim or final reports that may affect other statutory processes, coordinate with the Clerk and parliamentary publishing services to ensure the report is published under authority in accordance with s 17(7)-(8). Be precise about drafts, minority reports, and any draft Bills accompanying recommendations (s 17(5)-(6)).

By following these practical steps tied directly to the statutory text , appointment timing (s 20(2)), petition referral (s 16B), public works referral and spending prohibition (s 16A), ministerial response timelines (s 19), remote meeting standards (s 24A), confidentiality requirements (s 15I(2)), and powers to send for persons and records (s 28(2)) , practitioners should be able to operationalise compliance with the Act’s requirements and anticipate where procedural friction will arise.

Parliamentary Committees Act 1991

Plain English Summary

Deep Dive

What it does

Current sections

Parliamentary Committees Act 1991

Source text: opening excerpt

1 Parliamentary Committees Act 1991

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply