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