37 Submissions and reports of investigations to be published 42
37A Evidence given in private under section 28(3) 43
Part 5—The House Committee 44
Division 1—House Committee 44
38 Establishment of the House Committee 44
39 Term of the House Committee 44
40 Functions of the House Committee 44
41 Membership of the House Committee 45
42 Procedure of the House Committee 45
Part 6—General 47
45 Discussions on functioning of Joint Investigatory Committees 47
46 Expenditure of Joint Investigatory Committees 47
50 Application of parliamentary privilege 48
51 Supreme Court—limitation of jurisdiction 48
52 Regulations 49
Part 10—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 51
69 Functions relating to the Freedom of Information Commissioner 51
Part 11—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 52
70 Definitions 52
71 Transitional provisions 52
Endnotes 54
1 General information 54
2 Table of Amendments 56
3 Explanatory details 61
Version No.043
Parliamentary Committees Act 2003
No. 110 of 2003
Version incorporating amendments as at
10 February 2025
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to establish certain parliamentary committees;
(b) to set out the functions, powers and procedures of certain parliamentary committees;
(c) to repeal the Parliamentary Committees Act 1968.
2 Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3 Definitions
In this Act—
Assembly means the Legislative Assembly;
S. 3 def. of assessable disclosure inserted by No. 2/2019 s. 90.
assessable disclosure has the same meaning as in the Public Interest Disclosures Act 2012;
S. 3 def. of audio link inserted by No. 44/2006 s. 17, repealed by No. 11/2021 s. 199.
S. 3 def. of audio visual link inserted by No. 44/2006 s. 17, repealed by No. 11/2021 s. 199.
S. 3 def. of Chief Integrity Inspector inserted by No. 31/2024 s. 113(Sch. 1 item 25.1(a)).
Chief Integrity Inspector has the same meaning as in the Integrity Oversight Victoria Act 2011;
S. 3 def. of Commis-
sioner inserted by No. 66/2011 s. 38.
Commissioner has the same meaning as it has in section 3 of the Independent Broad-based Anti-corruption Commission Act 2011;
Council means the Legislative Council;
House Committee means the joint committee of the Council and of the Assembly established by section 38;
S. 3 def. of IBAC inserted by No. 66/2011 s. 38.
IBAC means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011;
S. 3 def. of IBACCommittee inserted by No. 66/2011 s. 38, repealed by No. 2/2019 s. 188.
S. 3 def. of IBAC personnel inserted by No. 82/2012 s. 221(1), amended by No. 31/2024 s. 113(Sch. 1 item 25.1(b)).
IBAC personnel has the meaning given in section 3(1) of the Integrity Oversight Victoria Act 2011;
S. 3 def. of Independent Pandemic Management Advisory Committee inserted by No. 53/2021 s. 19A.
Independent Pandemic Management Advisory Committee has the same meaning as it has in the Public Health and Wellbeing Act 2008;
S. 3 def. of Information Commis-sioner inserted by No. 20/2017 s. 130.
Information Commissioner means the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;
S. 3 def. of Inspector inserted by No. 70/2011 s. 44(1), repealed by No. 31/2024 s. 113(Sch. 1 item 25.1(d)).
S. 3 def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 25.1(a)).
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
Joint House Committee means a committee established by section 5;
Joint Investigatory Committee means—
(a) a Joint House Committee; or
(b) a Specific Purpose Committee;
S. 3 def. of Judicial Commission inserted by No. 16/2016 s. 204.
Judicial Commission has the same meaning as in Part IIIAA of the Constitution Act 1975;
S. 3 def. of Library Committee repealed by No. 20/2005 s. 40(1).
S. 3 def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 130.
Officeof the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under section 6B of the Freedom of Information Act 1982;
S. 3 def. of officer of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 130.
officer of the Victorian Information Commissioner means any of the following persons—
(a) the Public Access Deputy Commissioner;
(b) the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy andData Protection Act 2014;
(c) a person to whom a function has been delegated under section 6R of the Freedom of Information Act 1982 or section 8O of the Privacy and Data Protection Act 2014;
S. 3 def. of Ombudsman officer inserted by No. 82/2012 s. 259.
Ombudsman officer has the meaning given in section 2(1) of the Ombudsman Act 1973;
S. 3 def. of pandemic declaration inserted by No. 53/2021 s. 19A.
pandemic declaration has the same meaning as it has in the Public Health and Wellbeing Act 2008;
S. 3 def. of Parliamentary Integrity Adviser inserted by No. 27/2024 s. 135.
Parliamentary Integrity Adviser means the person appointed under section 91 of the Parliamentary Workplace Standards and Integrity Act 2024;
Parliamentary precincts has the same meaning as in the Parliamentary Precincts Act 2001;
S. 3 def. of Parliamentary Workplace Standards and Integrity Commission inserted by No. 27/2024 s. 135.
Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;
S. 3 def. of political party inserted by No. 53/2021 s. 19A.
political party has the same meaning as it has in the Electoral Act 2002;
President means the President of the Council;
S. 3 def. of Public Access Deputy Commis-sioner inserted by No. 20/2017 s. 130.
Public Access Deputy Commissioner means the Public Access Deputy Commissioner appointed under section 6D of the Freedom of Information Act 1982;
S. 3 def. of public interest complaint inserted by No. 2/2019 s. 90.
public interest complaint means a disclosure that the Integrity and Oversight Committee has determined under section 31B of the Public Interest Disclosures Act 2012 to be a public interest complaint;
S. 3 def. of regional Victoria inserted by No. 10/2015 s. 3, substituted as rural and regional Victoria by No. 18/2015 s. 17(1).
rural and regional Victoria has the meaning given in section 3(1) of the Regional Development Victoria Act 2002 and includes any other geographical area prescribed by regulations referred to in section 3(2) of that Act in the circumstances (if any) prescribed by those regulations;
Speaker means the Speaker of the Assembly;
Specific Purpose Committee means a committee referred to in section 18;
S. 3 def. of sub-committee amended by No. 70/2013 s. 3(Sch. 1 item 40).
sub-committee means a sub-committee of a Joint Investigatory Committee;
S. 3 def. of VAGO officer inserted by No. 82/2012 s. 221(1), amended by No. 31/2024 s. 113(Sch. 1 item 25.1(c)).
VAGO officer has the meaning given in section 3(1) of the Audit Act 1994.
S. 3 def. of Victorian Inspectorate inserted by No. 70/2011 s. 44(1), amended by No. 82/2012 s. 221(2), repealed by No. 31/2024 s. 113(Sch. 1 item 25.1(d)).
4 Application of standing orders and practices of the Council and the Assembly
(1) The standing orders, joint standing orders and the practices of the Council and the Assembly apply to the committees referred to in this Act to the extent that they are not inconsistent with any provision of this Act.
(2) The power and privileges of the Council and the Assembly to establish committees and to confer functions and powers on committees are not limited by this Act.
Part 2—Establishment, terms and functions
of Joint Investigatory Committees
Division 1—Joint House Committees
5 Establishment of Joint House Committees
There are established by this Act the following Joint House Committees—
S. 5(aa) inserted by No. 6/2012 s. 48, substituted as s. 5(a) by No. 2/2019 s. 189(a).
(a) the Integrity and Oversight Committee;
S. 5(a) repealed by No. 29/2013 s. 3(a).
S. 5(b) amended by No. 4/2007 s. 3(a), substituted by Nos 29/2013 s. 3(b), 10/2015 s. 4(a), repealed by No. 4/2019 s. 3, new s. 5(b) inserted by No. 27/2024 s. 136.
(b) the Parliamentary Ethics Committee;
S. 5(c) repealed by No. 10/2015 s. 4(b).
S. 5(ca) inserted by No. 20/2005 s. 38.
(ca) the Electoral Matters Committee;
S. 5(d) substituted by No. 10/2015 s. 4(c), repealed by No. 4/2019 s. 3.
S. 5(e) repealed by No. 4/2019 s. 3.
S. 5(f) substituted by No. 29/2013 s. 3(c), repealed by No. 10/2015 s. 4(d).
S. 5(fa) inserted by No. 66/2011 s. 39, repealed by No. 2/2019 s. 189(b).
S. 5(g) repealed by No. 29/2013 s. 3(a), new s. 5(g) inserted by No. 10/2015 s. 4(e), repealed by No. 4/2019 s. 3.
(h) the Public Accounts and Estimates Committee;
S. 5(i) repealed by No. 10/2015 s. 4(f), new s. 5(i) inserted by No. 53/2021 s. 19B.
(i) the Pandemic Declaration Accountability and Oversight Committee;
S. 5(j) amended by No. 4/2007 s. 3(b), repealed by No. 10/2015 s. 4(f).
(k) the Scrutiny of Acts and Regulations Committee.
6 Term of Joint House Committees
A Joint House Committee holds office and may exercise all the powers conferred on it by any Act or by Parliament for the Parliament during which its members are appointed and until the dissolution or other lawful determination of the Assembly.
S. 6A inserted by No. 6/2012 s. 49, amended by Nos 82/2012 s. 260, 16/2016 s. 205, 20/2017 s. 131, substituted as s. 7 by No. 2/2019 s. 190.
7 Integrity and Oversight Committee
(1) The functions of the Integrity and Oversight Committee are—
(a) to monitor and review the performance of the functions and exercise of the powers of the Information Commissioner; and
(b) to consider and investigate complaints concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and
(c) to report to both Houses of Parliament on any matter requiring the attention of Parliament that relates to—
(i) the performance of the functions and the exercise of the powers of the Information Commissioner; or
(ii) any complaint concerning the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and
(d) to examine the annual report of the Information Commissioner and any other reports by the Information Commissioner and report to Parliament on any matters it thinks fit concerning those reports; and
(e) to inquire into matters concerning freedom of information referred to it by the Parliament and to report to Parliament on those matters; and
S. 7(1)(f) amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(f) to monitor and review the performance of the duties and functions of Integrity Oversight Victoria, other than those in respect of VAGO officers; and
S. 7(1)(g) amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(g) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of Integrity Oversight Victoria, other than those in respect of VAGO officers, that require the attention of the Parliament; and
S. 7(1)(h) amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(h) to examine any reports made by Integrity Oversight Victoria to the Integrity and Oversight Committee or the Parliament other than reports in respect of VAGO officers; and
S. 7(1)(i) amended by No. 31/2024 s. 113(Sch. 1 item 25.2 (b)(c)).
(i) to consider any proposed appointment of a Chief Integrity Inspector under section 18 of the Integrity Oversight Victoria Act 2011 and to exercise a power of veto in accordance with that Act; and
S. 7(1)(ia) inserted by No. 2/2019 s. 91(1)(a), amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(ia) to receive and assess public interest disclosures about conduct by or in Integrity Oversight Victoria and engage an independent person to investigate any such disclosure that it has assessed to be a public interest complaint; and
(j) to monitor and review the performance of the duties and functions of the IBAC; and
(k) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the IBAC that require the attention of the Parliament; and
(l) to examine any reports made by the IBAC to the Integrity and Oversight Committee or the Parliament; and
(m) to consider any proposed appointment of a Commissioner under section 20 of the Independent Broad-based Anti-corruption Commission Act 2011 and to exercise a power of veto in accordance with that Act; and
S. 7(1)(ma) inserted by No. 27/2024 s. 137(1)(a).
(ma) to monitor and review the performance of the duties and functions of the Parliamentary Workplace Standards and Integrity Commission; and
S. 7(1)(mb) inserted by No. 27/2024 s. 137(1)(a).
(mb) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of the Parliamentary Workplace Standards and Integrity Commission that require the attention of the Parliament; and
S. 7(1)(mc) inserted by No. 27/2024 s. 137(1)(a).
(mc) to examine—
(i) any reports made by the Parliamentary Workplace Standards and Integrity Commission to the Integrity and Oversight Committee; and
(ii) the Parliamentary Workplace Standards and Integrity Commission's annual reports to the Parliament; and
S. 7(1)(md) inserted by No. 27/2024 s. 137(1)(a).
(md) to consider any proposed appointment of a commissioner under section 52 of the Parliamentary Workplace Standards and Integrity Act 2024 and make decisions under that section; and
(n) to carry out any other function conferred on the Integrity and Oversight Committee by or under—
(i) the Ombudsman Act 1973; and
(ii) the Independent Broad-based Anti-corruption Commission Act 2011; and
S. 7(1)(n)(iii) amended by Nos 2/2019 s. 91(1)(b)(i) (as amended by No. 4/2019 s. 7), 31/2024 s. 113(Sch. 1 item 25.2(b)).
(iii) the Integrity Oversight Victoria Act 2011; and
S. 7(1)(n)(iv) inserted by No. 2/2019 s. 91(1)(b)(ii) (as amended by No. 4/2019 s. 7), amended by No. 27/2024 s. 137(1)(b)(i).
(iv) the Public Interest Disclosures Act 2012; and
S. 7(1)(n)(v) inserted by No. 27/2024 s. 137(1)(b)(ii).
(v) the Parliamentary Workplace Standards and Integrity Act 2024.
(2) Despite anything to the contrary in subsection (1), the Integrity and Oversight Committee cannot—
(a) reconsider a decision of the Information Commissioner or Public Access Deputy Commissioner in relation to a review of a particular matter; or
(b) reconsider any recommendations or decisions of the Information Commissioner or Public Access Deputy Commissioner in relation to a complaint under the Freedom of Information Act 1982; or
(c) reconsider any findings in relation to an investigation under the Freedom ofInformation Act 1982; or
(d) reconsider the making of a public interest determination under the Privacy and Data Protection Act 2014; or
(e) reconsider the approval of an information usage arrangement under the Privacy and Data Protection Act 2014; or
(f) reconsider a decision to serve a compliance notice under the Privacy and Data Protection Act 2014; or
S. 7(2)(g) amended by Nos 27/2024 s. 137(2)(a), 31/2024 s. 113(Sch. 1 item 25.2(a)).
(g) disclose any information relating to the performance of a duty or function or exercise of a power by the Ombudsman, Integrity Oversight Victoria, the IBAC or the Parliamentary Workplace Standards and Integrity Commission which may—
(i) prejudice any criminal proceedings or criminal investigations; or
S. 7(2)(g)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(ii) prejudice an investigation being conducted by the Ombudsman, the IBAC or Integrity Oversight Victoria; or
(iii) contravene any secrecy or confidentiality provision in any relevant Act; or
(h) investigate a matter relating to the particular conduct the subject of—
(i) a particular complaint or notification made to the IBAC under the Independent Broad‑based Anti corruption Commission Act 2011; or
S. 7(2)(h)(ii) substituted by No. 2/2019 s. 91(2)(a).
(ii) a particular disclosure determined by the IBAC under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or
S. 7(2)(h)(iii) amended by No. 31/2024 s. 113(Sch. 1 item 25.2(a)).
(iii) any report made by Integrity Oversight Victoria; or
S. 7(2)(h)(iv) inserted by No. 27/2024 s. 137(2)(b).
(iv) a particular referral within the meaning of the Parliamentary Workplace Standards and Integrity Act 2024; or
S. 7(2)(i) amended by No. 2/2019 s. 91(2)(b).
(i) review any decision by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 to investigate, not to investigate or to discontinue the investigation of a particular complaint or notification or a public interest complaint within the meaning of that Act; or
(j) review any findings, recommendations, determinations or other decisions of the IBAC in relation to—
(i) a particular complaint or notification made to the IBAC under the Independent Broad-based Anti‑corruption Commission Act 2011; or
S. 7(2)(j)(ii) substituted by No. 2/2019 s. 91(2)(c).
(ii) a particular disclosure determined by the IBAC under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or
(iii) a particular investigation conducted by the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or
S. 7(2)(k) amended by No. 2/2019 s. 91(2)(d).
(k) review any determination by the IBAC under section 26 of the Public Interest Disclosures Act 2012; or
S. 7(2)(l) amended by No. 2/2019 s. 91(2)(d).
(l) disclose or share any information that is likely to lead to the identification of a person who has made an assessable disclosure and is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies; or
S. 7(2)(m) amended by No. 31/2024 s. 113(Sch. 1 item 25.2 (a)(b)).
(m) review any decision to investigate,
not to investigate, or to discontinue the investigation of a particular complaint made to Integrity Oversight Victoria in accordance with the Integrity Oversight Victoria Act 2011; or
S. 7(2)(n) amended by Nos 27/2024 s. 137(2)(c), 31/2024 s. 113(Sch. 1 item 25.2 (a)(b)).
(n) review any findings, recommendations, determinations or other decisions of Integrity Oversight Victoria in relation to a particular complaint made to, or investigation conducted by, Integrity Oversight Victoria in accordance with the Integrity Oversight Victoria Act 2011; or
S. 7(2)(o) inserted by No. 27/2024 s. 137(2)(d).
(o) reconsider or review any decision of the Parliamentary Workplace Standards and Integrity Commission to investigate, not to investigate, or to discontinue the investigation of a particular referral in accordance with the Parliamentary Workplace Standards and Integrity Act 2024.
S. 7(3) inserted by No. 27/2024 s. 137(3).
(3) If a member of the Integrity and Oversight Committee has an interest that would conflict with the proper performance of a function of the Committee in respect of the Parliamentary Workplace Standards and Integrity Commission, the member must recuse themselves from the Committee while it is performing that function.
Note to s. 7 substituted by No. 2/2019 s. 91(3).
Note
See also Part 8 of the Public Interest Disclosures Act 2012 and Part VB of the Ombudsman Act 1973 which set out the functions of the Integrity and Oversight Committee under each of those Acts.
S. 7 repealed by No. 29/2013 s. 4.
S. 7A inserted by No. 2/2019 s. 92.
7A Disclosure of information by the Integrity and Oversight Committee
(1) At any time, the Integrity and Oversight Committee may provide or disclose any information received or obtained in the course of an investigation of an assessable disclosure under Part 4A of the Public Interest Disclosures Act 2012 to a person or body specified in subsection (3) if the Integrity and Oversight Committee considers that—
(a) the information is relevant to the performance of the duties and functions or the exercise of the powers of the person or body; and
(b) it is appropriate for the information to be brought to the attention of the person or body, having regard to the nature of the information.
(2) Despite subsection (1), the Integrity and Oversight Committee must not provide or disclose any information to a person or body if—
(a) the person or body, or an employee of the person or body, is the subject of an assessable disclosure; and
(b) the information—
(i) would be likely to lead to the identification of a person who made the assessable disclosure; and
(ii) is not information to which section 53(2)(a), (c) or (d) of the Public Interest Disclosures Act 2012 applies.
(3) For the purposes of subsection (1), the following persons and bodies are specified—
(a) the IBAC;
S. 7A(3)(b) amended by No. 31/2024 s. 113(Sch. 1 item 25.3).
(b) Integrity Oversight Victoria;
(c) the Ombudsman;
(d) the Auditor-General;
(e) Victoria Police;
(f) the Director of Public Prosecutions;
(g) the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;
(h) the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;
(i) the police force or police service (however described) of another State or a Territory;
(j) a prescribed person or body.
(4) Subsection (1) applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).
S. 8 amended by No. 4/2007 s. 4, substituted by Nos 29/2013 s. 5, 10/2015 s. 5, amended by No. 18/2015 s. 17(2), repealed by No. 4/2019 s. 4, new s. 8 inserted by No. 27/2024 s. 138.
8 Parliamentary Ethics Committee
(1) The functions of the Parliamentary Ethics Committee are—
(a) to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with—
(i) the effectiveness of the Members Statement of Values and Members Code of Conduct; and
(ii) the ethical obligations of members of Parliament; and
(b) to review the Members Code of Conduct at least once every 4 years and to report to the Parliament on the review; and
(c) to promote the Members Code of Conduct to the Parliament and the public; and
(d) to prepare guidance materials in relation to the ethical obligations of members of Parliament; and
(e) to provide information and training sessions to members of Parliament on integrity and ethical issues; and
(f) to receive reports from the Parliamentary Workplace Standards and Integrity Commission in relation to the ethical obligations of members of Parliament; and
(g) to monitor and review the performance of the duties and functions of the Parliamentary Integrity Adviser; and
(h) to report to the Parliament on any matter connected with the performance of the duties and functions of the Parliamentary Integrity Adviser that may require the attention of the Parliament; and
(i) to consider any proposed appointment of the Parliamentary Integrity Adviser under section 92 of the Parliamentary Workplace Standards and Integrity Act 2024 and to exercise a power of veto in accordance with that Act; and
(j) to carry out any other function conferred on the Parliamentary Ethics Committee by or under the Parliamentary Workplace Standards and Integrity Act 2024.
(2) The first review under subsection (1)(b) must be commenced within 12 months after the first appointment of members of the Parliamentary Ethics Committee.
(3) Despite anything to the contrary in subsection (1), the Parliamentary Ethics Committee cannot investigate a matter relating to particular conduct the subject of—
(a) a referral to the Parliamentary Workplace Standards and Integrity Commission under the Parliamentary Workplace Standards and Integrity Act 2024; or
(b) a particular disclosure determined by the IBAC under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint; or
(c) any advice given by the Parliamentary Integrity Adviser to a current or former member of Parliament, Minister or Parliamentary Secretary.
(4) In this section—
Members Code of Conduct means the Code of Conduct set out in Part 3 of the Members of Parliament (Standards) Act 1978;
Members Statement of Values means the Statement of Values set out in section 4 of the Members of Parliament (Standards) Act 1978.
S. 9 repealed by No. 10/2015 s. 6.
S. 9A inserted by No. 20/2005 s. 39.
9A Electoral Matters Committee
(1) The functions of the Electoral Matters Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with—
(a) the conduct of parliamentary elections and referendums in Victoria;
S. 9A(1)(b) amended by No. 9/2020 s. 390(Sch. 1 item 76).
(b) the conduct of elections of Councillors under the Local Government Act 2020;
(c) the administration of, or practices associated with, the Electoral Act 2002 and any other law relating to electoral matters.
(2) Nothing in this section is intended to repeal, alter or vary section 94F or 94G of the Constitution Act 1975.
S. 10 substituted by No. 10/2015 s. 7, amended by No. 18/2015 s. 17(3), repealed by No. 4/2019 s. 4.
S. 11 repealed by No. 4/2019 s. 4.
S. 12 substituted by No. 29/2013 s. 6, repealed by No. 10/2015 s. 8.
S. 12A inserted by No. 66/2011 s. 40, amended by Nos 70/2011 s. 44(2)(3), 13/2012 s. 10, 82/2012 s. 222, 85/2012 s. 143, repealed by No. 2/2019 s. 191.
S. 13 repealed by No. 29/2013 s. 7,
new s. 13 inserted by No. 10/2015 s. 9, repealed by No. 4/2019 s. 4.
S. 14 amended by No. 82/2012 s. 223(2) (ILA s. 39B(1)).
14 Public Accounts and Estimates Committee
(1) The functions of the Public Accounts and Estimates Committee are—
(a) if so required or permitted under this Act, to inquire into, consider and report to the Parliament on—
(i) any proposal, matter or thing concerned with public administration or public sector finances;
(ii) the annual estimates or receipts and payments and other Budget papers and any supplementary estimates of receipts or payments presented to the Assembly and the Council;
(iii) audit priorities for the purposes of the Audit Act 1994;
S. 14(1)(ab) inserted by No. 82/2012 s. 223(1), amended by No. 31/2024 s. 113(Sch. 1 item 25.4(a)).
(ab) to monitor and review the performance of the duties and functions of Integrity Oversight Victoria in respect of VAGO officers;
S. 14(1)(ac) inserted by No. 82/2012 s. 223(1), amended by No. 31/2024 s. 113(Sch. 1 item 25.4(a)).
(ac) to report to both Houses of the Parliament on any matter connected with the performance of the duties and functions of Integrity Oversight Victoria in respect of VAGO officers that requires the attention of the Parliament;
S. 14(1)(ad) inserted by No. 82/2012 s. 223(1), amended by No. 31/2024 s. 113(Sch. 1 item 25.4(a)).
(ad) to examine any reports made by Integrity Oversight Victoria in respect of VAGO officers;
S. 14(1)(b) substituted by No. 27/2017 s. 62.
(b) the functions conferred on the Committee under the Audit Act 1994, Part V of the Constitution Act 1975 and the Parliamentary Budget Officer Act 2017.
S. 14(2) inserted by No. 82/2012 s. 223(2).
(2) Despite anything to the contrary in subsection (1), the Public Accounts and Estimates Committee cannot—
S. 14(2)(a) amended by No. 31/2024 s. 113(Sch. 1 item 25.4(a)).
(a) investigate a matter relating to particular conduct the subject of any report made by Integrity Oversight Victoria in respect of VAGO officers;
S. 14(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 25.4).
(b) review any decision to investigate, not to investigate, or to discontinue the investigation of a particular complaint made to Integrity Oversight Victoria in accordance with the Integrity Oversight Victoria Act 2011 in respect of a VAGO officer;
S. 14(2)(c) amended by No. 31/2024 s. 113(Sch. 1 item 25.4).
(c) review any findings, recommendations, determinations or other decisions of Integrity Oversight Victoria in relation
to a particular complaint made to, or investigation conducted by, Integrity Oversight Victoria in accordance with the Integrity Oversight Victoria Act 2011 in respect of a VAGO officer;
S. 14(2)(d) amended by No. 31/2024 s. 113(Sch. 1 item 25.4(a)).
(d) disclose any information relating to the performance of a duty or function or exercise of a power by Integrity Oversight Victoria which may—
(i) prejudice any criminal investigation or criminal proceedings; or
S. 14(2)(d)(ii) amended by Nos 12/2019 s. 23, 31/2024 s. 113(Sch. 1 item 25.4(a)).
(ii) prejudice an audit or assurance review being conducted by the Auditor-General or an investigation being conducted by the IBAC or Integrity Oversight Victoria; or
(iii) contravene any secrecy or confidentiality provision in any relevant Act.
S. 15 repealed by No. 10/2015 s. 10, new s. 15 inserted by No. 53/2021 s. 19C.
15 Pandemic Declaration Accountability and Oversight Committee
The function of the Pandemic Declaration Accountability and Oversight Committee is the function conferred on it by Division 4 of Part 8A of the Public Health and Wellbeing Act 2008 in relation to scrutiny and disallowance of pandemic orders and instruments that extend, vary or revoke pandemic orders.
Note
The Pandemic Declaration Accountability and Oversight Committee may refer a matter to the Ombudsman under section 16(1) of the Ombudsman Act 1973.
S. 16 amended by Nos 4/2007 s. 5, 8/2011 s. 16, repealed by No. 10/2015 s. 10.
17 Scrutiny of Acts and Regulations Committee
The functions of the Scrutiny of Acts and Regulations Committee are—
(a) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament as to whether the Bill directly or indirectly—
(i) trespasses unduly on rights or freedoms;
(ii) makes rights, freedoms or obligations dependent on insufficiently defined administrative powers;
(iii) makes rights, freedoms or obligations dependent on non-reviewable administrative decisions;
S. 17(a)(iv) amended by No. 60/2014 s. 140(Sch. 3 item 34).
(iv) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Privacy and Data Protection Act 2014;
(v) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information within the meaning of the Health Records Act 2001;
(vi) inappropriately delegates legislative power;
(vii) insufficiently subjects the exercise of legislative power to parliamentary scrutiny;
S. 17(a)(viii) inserted by No. 43/2006 s. 47(Sch. item 3.1).
(viii) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;
(b) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament—
(i) as to whether the Bill directly or indirectly repeals, alters or varies section 85 of the Constitution Act 1975, or raises an issue as to the jurisdiction of the Supreme Court;
(ii) if a Bill repeals, alters or varies section 85 of the Constitution Act 1975, whether this is in all the circumstances appropriate and desirable;
(iii) if a Bill does not repeal, alter or vary section 85 of the Constitution Act 1975, but an issue is raised as to the jurisdiction of the Supreme Court, as to the full implications of that issue;
S. 17(c) substituted by No. 44/2006 s. 18.
(c) to consider any Act that was not considered under paragraph (a) or (b) when it was a Bill—
(i) within 30 days immediately after the first appointment of members of the Committee after the commencement of each Parliament; or
(ii) within 10 sitting days after the Act receives Royal Assent—
whichever is the later, and to report to the Parliament with respect to that Act or any matter referred to in those paragraphs;
(d) the functions conferred on the Committee by the Subordinate Legislation Act 1994;
S. 17(e) amended by No. 39/2018 s. 47.
(e) the functions conferred on the Committee by the Environment Protection Act 2017;
(f) the functions conferred on the Committee by the Co-operative Schemes (Administrative Actions) Act 2001;
S. 17(fa) inserted by No. 43/2006 s. 47(Sch. item 3.2).
(fa) the functions conferred on the Committee by the Charter of Human Rights and Responsibilities;
(g) to review any Act in accordance with the terms of reference under which the Act is referred to the Committee under this Act.
Division 2—Specific Purpose Committees
18 Specific Purpose Committees
There are such Specific Purpose Committees as are appointed by a resolution of the Council and the Assembly.
19 Term of Specific Purpose Committees
A Specific Purpose Committee holds office and may exercise all the powers conferred on it by any Act or by Parliament from the day of the resolution under which it was appointed and until—
(a) the dissolution or other lawful determination of the Assembly; or
(b) a day specified in a resolution of the Council and the Assembly—
whichever occurs first.
20 Functions of Specific Purpose Committees
The functions of a Specific Purpose Committee are the functions specified by the Council and the Assembly in the resolution under which it was appointed or in any later resolution.
Part 3—Constitution and procedure of Joint Investigatory Committees
Division 1—Constitution
21 Membership of Joint Investigatory Committees
S. 21(1) amended by No. 4/2007 s. 6, substituted by No. 7/2011 s. 3, amended by No. 27/2024 s. 139(1).
(1) Subject to section 21B, a Joint Investigatory Committee must consist of not less than 5 members and not more than 10 members of whom—
(a) at least 1 must be a member of the Legislative Assembly; and
(b) at least 1 must be a member of the Legislative Council.
S. 21(1A) inserted by No. 27/2024 s. 139(2).
(1A) Not more than half the members of the Integrity and Oversight Committee may be members of a political party forming the Government.
S. 21(2) amended by No. 53/2021 s. 19D.
(2) Subject to section 21A, as soon as practicable after the commencement of each Parliament, the members of a Joint Investigatory Committee must be appointed according to the practice of Parliament relating to the appointment of members to joint select committees.
(3) A member of the Council or Assembly ceases to be a member of a Joint Investigatory Committee if—
(a) the member's seat becomes vacant; or
(b) the member resigns by writing delivered to the President and Speaker.
(4) If a vacancy occurs in the appointed members of a Joint Investigatory Committee, it must be filled upon motion in the usual manner provided that any requirements of this Act relating to representation on the Committee of members of the Council and of the Assembly are observed in the filling of the vacancy.
S. 21A inserted by No. 53/2021 s. 19E.
21A Membership of Pandemic Declaration Accountability and Oversight Committee
(1) This section provides for special rules relating to the Pandemic Declaration Accountability and Oversight Committee.
(2) The members of the Pandemic Declaration Accountability and Oversight Committee must be appointed as soon as practicable after the making of a pandemic declaration.
(3) The appointments of members of the Pandemic Declaration Accountability and Oversight Committee must be revoked as soon as practicable after the ceasing in force of the pandemic declaration in relation to which they were appointed.
(4) Subject to this Act, the members of the Pandemic Declaration Accountability and Oversight Committee must be appointed, and their appointments revoked, according to the practice of Parliament relating to the appointment and revocation of appointment of members to joint select committees.
(5) Not more than half of the members of the Pandemic Declaration Accountability and Oversight Committee may be members of a political party forming the Government.
S. 21B inserted by No. 27/2024 s. 140.
21B Membership of Parliamentary Ethics Committee
(1) The Parliamentary Ethics Committee must consist of 6, 8 or 10 members of whom—
(a) half must be members of the Legislative Assembly; and
(b) half must be members of the Legislative Council.
(2) Not more than half of the members of the Parliamentary Ethics Committee may be members of a political party forming the Government.
22 Election of chairperson and deputy chairperson
(1) A Joint Investigatory Committee must elect one of its members to be chairperson.
S. 22(1A) inserted by No. 53/2021 s. 19F, amended by No. 27/2024 s. 141.
(1A) The chairperson of the Pandemic Declaration Accountability and Oversight Committee, the Integrity and Oversight Committee or the Parliamentary Ethics Committee must not be a member of a political party forming the Government.
(2) A Joint Investigatory Committee may elect one of its members to be deputy chairperson.
(3) In the absence or illness of the chairperson, the deputy chairperson has all the powers, and may perform all the duties, of the chairperson.
Division 2—Procedure
23 Quorum
(1) The quorum of a Joint Investigatory Committee is a majority of the members appointed to it.
S. 23(2) repealed by No. 7/2011 s. 4.
24 Voting by members
(1) A question arising at a meeting of a Joint Investigatory Committee must be determined by a majority of votes of members present and voting on that question.
Note
A question of a kind referred to in section 28(5) or 32(1) that arises at a meeting must be determined unanimously by members present and voting on that question.
(2) Each member of a Joint Investigatory Committee has a deliberative vote.
(3) In the event of an equality of votes on any question, the chairperson of a Joint Investigatory Committee has a casting vote in addition to a deliberative vote.
25 Sittings
S. 25(1) amended by No. 44/2006 s. 19(1).
(1) Subject to this section, a Joint Investigatory Committee may sit and transact business—
(a) at times (including times when either House of the Parliament is not actually sitting); and
(b) in places in Victoria or elsewhere—
that are convenient for the proper and speedy dispatch of business.
(2) If a House of the Parliament is actually sitting, a Joint Investigatory Committee must not sit—
(a) except by leave of the House; and
(b) in any place, other than a place that is within the Parliamentary precincts.
(3) Business may only be transacted at a meeting of a Joint Investigatory Committee if a quorum is present.
S. 25(4) inserted by No. 44/2006 s. 19(2).
(4) Subject to subsection (5), a Joint Investigatory Committee may conduct all or any part of a meeting at which one or more members participate by audio link or audio visual link.
S. 25(5) inserted by No. 44/2006 s. 19(2), amended by No. 53/2021 s. 19G(1), substituted by No. 13/2022 s. 46.
(5) A Joint Investigatory Committee may only use an audio link or audio visual link if the Joint Investigatory Committee is satisfied that the quality of the audio link or audio visual link will enable members who are present at a meeting to verify the identity of a member participating by the audio link or audio visual link.
S. 25(6) inserted by No. 13/2022 s. 46.
(6) A member participating in a meeting of a Joint Investigatory Committee by audio link or audio visual link—
(a) is present for the purposes of determining whether there is a quorum; and
(b) may vote on a question arising at the meeting.
S. 25(6) inserted by No. 53/2021 s. 19G(2).
(6) Subsection (5)(a) does not apply to the Pandemic Declaration Accountability and Oversight Committee, and a member of that Committee participating in a meeting of that Committee by audio link or audio visual link—
(a) is present for the purposes of determining whether there is a quorum; and
(b) may vote on a question arising at the meeting.
26 Presence of members of Parliament and the public
(1) A Joint Investigatory Committee or a sub-committee may invite a member of the Council or the Assembly or a member of the public to be present for a specified purpose at the whole or a part of a particular meeting of the Committee.
(2) Only members of a Joint Investigatory Committee or sub-committee may vote on a question arising at a meeting of the Committee or sub-committee.
27 Public hearings
(1) A Joint Investigatory Committee may hold a public hearing on any proposal, matter or thing being inquired into or being considered by the Committee.
(2) A Joint Investigatory Committee may refuse to hear evidence at a public hearing that in the opinion of the Committee—
(a) is irrelevant to the proposal, matter or thing being inquired into or being considered by the Committee; or
(b) is unnecessary to be given because of other information at the disposal of the Committee.
S. 27(3) amended by Nos 18/2005 s. 18(Sch. 1 item 77(a)), 17/2014 s. 160(Sch. 2 item 69).
(3) Unless both the Council and the Assembly otherwise resolve in relation to a particular case, a person or other body may not be represented by an Australian lawyer at a public hearing held by a Joint Investigatory Committee.
S. 27(4) amended by No. 18/2005 s. 18(Sch. 1 item 77(b)).
(4) A person (including an Australian lawyer) may give evidence on behalf of himself or herself or on behalf of a body of which the person is a member or an employee.
(5) Despite anything in this section, a Joint Investigatory Committee may deliberate in private.
28 Evidence
(1) A Joint Investigatory Committee has power to send for persons, documents and other things.
(2) Subject to subsection (3), a Joint Investigatory Committee must take all evidence in public.
(3) A Joint Investigatory Committee may take evidence in private if the Committee resolves that special circumstances make it desirable to take the evidence in private and for this purpose, part or whole of a public hearing may be held in private.
S. 28(3A) inserted by No. 44/2006 s. 20(1).
(3A) A Joint Investigatory Committee may take evidence in any manner that the Joint Investigatory Committee considers appropriate including by means of audio link, audio visual link or any other electronic means.
S. 28(3B) inserted by No. 44/2006 s. 20(1).
(3B) A Joint Investigatory Committee must determine what weight or value to give to evidence received by different means in accordance with subsection (3A).
(4) Without limiting or affecting the generality of section 19A of the Constitution Act 1975, evidence given before a Joint Investigatory Committee must, if the Committee so requires, be given on oath or affirmation.
S. 28(4A) inserted by No. 44/2006 s. 20(2).
(4A) An oath to be sworn or affirmation to be made by a witness who is to give evidence by audio link or audio visual link may be administered either—
(a) by means of the audio link or audio visual link, in as nearly as practicable the same way as if the witness were to give evidence at the place at which the Joint Investigatory Committee is sitting; or
(b) at the direction of, and on behalf of, the Joint Investigatory Committee at the place where the witness is located by a person authorised by the Joint Investigatory Committee.
(5) A Joint Investigatory Committee may empower a specified member or members of the Committee to send for persons, documents and other things and to take evidence with respect to any proposal, matter or thing which is referred to the Committee for consideration and report if the Committee unanimously agrees so to empower the member or members.
(6) When sending for persons, documents and other things or when taking evidence under subsection (5), a member of a Joint Investigatory Committee has all the privileges, immunities and powers of the Joint Investigatory Committee.
(7) A person who is required by a Joint Investigatory Committee to attend as a witness is, in prescribed circumstances, entitled to receive prescribed expenses.
(8) Any person may make a written submission to a Joint Investigatory Committee with respect to any proposal, matter or thing being inquired into or being considered by the Committee.
(9) A Joint Investigatory Committee must keep a record of all evidence given before it and determinations made by it.
29 Evidence may be considered by other Joint Investigatory Committees
If the term of a Joint Investigatory Committee ends before the Committee makes a report to the Parliament, evidence taken by the Committee may be considered by another Joint Investigatory Committee if the second-mentioned Committee has the same name or functions as the first-mentioned Committee.
30 Engagement of research staff
(1) Subject to authorisation by the President or the Speaker, a Joint Investigatory Committee may commission a person to investigate and report to the Joint Investigatory Committee on any aspect of a proposal, matter or thing being inquired into or being considered by the Committee.
S. 30(2) amended by No. 108/2004 s. 117(1) (Sch. 3 item 148 (a)(b)).
(2) With the consent of the Premier, a Joint Investigatory Committee may make use of the services of an employee within the meaning of the Public Administration Act 2004 for the purpose of investigating and reporting to the Committee on any aspect of a proposal, matter or thing being inquired into or being considered by the Committee.
Division 3—Sub-committees
31 Appointment and procedures
(1) A Joint Investigatory Committee may appoint a sub-committee of at least 4 members, of whom one is appointed by the Committee as chairperson of the sub-committee.
(2) The quorum of a sub-committee is the majority of the members appointed to it.
(3) Business may only be transacted at a meeting of a sub-committee if a quorum is present.
(4) A question arising at a meeting of a sub-committee must be determined by a majority of votes of members present and voting on that question.
(5) Each member of a sub-committee has a deliberative vote.
(6) In the event of an equality of votes on any question, the chairperson of the sub-committee has a casting vote in addition to a deliberative vote.
32 Evidence and reporting
(1) A Joint Investigatory Committee may empower a specified member or members of the sub-committee to send for persons, documents and other things and to take evidence with respect to any proposal, matter or thing which is referred to the sub-committee for consideration and report if the Committee unanimously agrees so to empower the member or members.
(2) When taking evidence under subsection (1), a member of a sub-committee has all the privileges, immunities and powers of the Joint Investigatory Committee.
(3) A sub-committee, in relation to any proposal, matter or thing referred to it by a Joint Investigatory Committee for consideration and report has all the privileges, immunities and powers, (except the powers specified in section 30) of the Joint Investigatory Committee.
(4) A sub-committee must report to the Joint Investigatory Committee which may adopt a report of the sub-committee or reject its report or adopt its report with variations.
Part 4—Referrals, reports and responses
33 Referrals to Joint Investigatory Committees
(1) A Joint Investigatory Committee must inquire into, consider and report to the Parliament on any proposal, matter or thing that is relevant to its functions and has been referred to the Committee—
(a) by resolution of the Council or the Assembly; or
(b) by Order of the Governor in Council published in the Government Gazette.
(2) A resolution of the Council or the Assembly referred to in subsection (1)(a) may specify a period of time within which the Joint Investigatory Committee must make a final report to the Parliament on the proposal, matter or thing.
(3) A Joint Investigatory Committee may inquire into, consider and report to the Parliament on any annual report or other document relevant to the functions of the Committee that is laid before either House of the Parliament in accordance with an Act.
(4) In carrying out its functions, a Joint Investigatory Committee must—
(a) give priority before all other proposals, matters or things being inquired into or being considered by the Committee—
(i) first to those proposals, matters or things referred to it by resolution of the Council or the Assembly; and
(ii) second, to those proposals, matters or things referred to it by Order of the Governor in Council published in the Government Gazette; and
(b) comply with any limitation of time specified under subsection (2).
34 Interim reports, discussion papers, minority reports and draft Bills
(1) Before making a final report to the Parliament on any proposal, matter or thing, a Joint Investigatory Committee may—
(a) make one or more interim reports to the Parliament on the proposal, matter or thing; or
(b) publish a document in relation to the proposal, matter or thing.
(2) A Joint Investigatory Committee must include with a report made by it to the Parliament any minority report on behalf of a member of the Committee if so requested by the member.
(3) A Joint Investigatory Committee may include in any report made by it to the Parliament a draft Bill to give effect to those recommendations of the Committee that cannot be given effect to otherwise than by an Act.
(4) For the purposes of preparing a draft Bill under subsection (3), a Joint Investigatory Committee may, with the consent of the Minister administering the relevant Department, make use of the services of any employee in the Department.
35 Reports before Parliament
S. 35(1) substituted by No. 44/2006 s. 21.
(1) After a report of a Joint Investigatory Committee is adopted by the Committee, the chairperson of the Committee must—
(a) cause the report to be laid before each House of the Parliament within 10 sitting days; or
(b) if the Parliament is not sitting within 21 days of the adoption of the report and the Committee unanimously so resolves, give the report to the clerk of each House.
(2) If a report is received by the clerk of a House under subsection (1)(b), the clerk must—
(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available upon request; and
(b) give a copy of the report to any member of the House upon request to the clerk; and
(c) cause the report to be laid before the House on the next sitting day of the House.
(3) A report that is given to the clerks under subsection (1)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.
36 Government responses
S. 36(1) substituted by No. 44/2006 s. 22(1).
(1) If a Joint Investigatory Committee's report to the Parliament recommends that the Government take a particular action with respect to a matter, within 6 months of the report being laid before both Houses of the Parliament or being received by the clerks of both Houses of the Parliament, the appropriate responsible Minister must provide the Parliament with a response to the Committee's recommendations.
S. 36(1A) inserted by No. 44/2006 s. 22(1).
(1A) If a House of the Parliament is not sitting within the period specified in subsection (1), the appropriate responsible Minister must give a response to the report to the clerk of each House.
S. 36(2) amended by No. 44/2006 s. 22(2).
(2) If a response is received by the clerk of a House under subsection (1A), the clerk must—
(a) as soon as practicable after the response is received, notify each member of the House of the receipt of the response and advise that the response is available upon request; and
(b) give a copy of the response to any member of the House upon request to the clerk; and
(c) cause the response to be laid before the House on the next sitting day of the House.
S. 36(3) amended by No. 44/2006 s. 22(2).
(3) A response that is given to the clerks under subsection (1A) is taken to have been published by order, or under the authority, of the Houses of the Parliament.
37 Submissions and reports of investigations to be published
(1) Subject to subsection (2), if a member of the public so requests and a Joint Investigatory Committee is not of the opinion that special circumstances exist that make it undesirable to do so, a Joint Investigatory Committee must make available to the member of the public—
(a) a copy of any written evidence, or a transcript of any oral evidence, given to the Committee; or
(b) a copy of the report of any investigation carried out under section 30; or
(c) a copy of any determination made by the Committee.
(2) A Joint Investigatory Committee must not make available a document referred to in subsection (1) if the document contains evidence which at the time that it was given to the Committee, the Committee informed the person giving the evidence that it is received by the Committee on the basis that it remain private.
(3) A Joint Investigatory Committee may charge a member of the public a reasonable sum for a copy of a document that does not exceed the cost of making the document available.
S. 37A inserted by No. 67/2014 s. 136.
37A Evidence given in private under section 28(3)
(1) Section 37(1) applies to the publishing of evidence given in private under section 28(3) if the Committee has informed the person giving the evidence that it is received by the Committee on the basis that it will be made public.
S. 37A(2) amended by No. 21/2015 s. 3(Sch. 1 item 37).
(2) Section 37(2) applies to the publishing of evidence given in private under section 28(3) if the Committee has informed the person giving the evidence that it is received by the Committee on the basis that it remain private.
Pt 5 (Heading) amended by No. 20/2005 s. 40(2).
Part 5—The House Committee
Division 1—House Committee
38 Establishment of the House Committee
There is established by this Act a joint committee of the Council and the Assembly to be called the House Committee.
39 Term of the House Committee
The House Committee holds office and may exercise all the powers conferred on it by any Act or by Parliament for the Parliament during which its members are appointed and until the dissolution or other lawful determination of the Assembly.
40 Functions of the House Committee
(1) The functions of the House Committee are—
(a) to manage the refreshment rooms and the Parliament gardens; and
(b) to manage the maintenance, renewal and extension of the Parliament buildings; and
(c) to advise the Speaker and, if appropriate, the President on the management of Parliamentary services, including any thing concerned with information technology.
S. 40(2) amended by No. 20/2005 s. 41(1).
(2) The Department of Parliamentary Services of the Parliament and the Secretary of that Department must provide the House Committee with any assistance and services that the House Committee requires to enable it to carry out its functions.
41 Membership of the House Committee
(1) The House Committee consists of—
(a) the President and the Speaker; and
(b) 5 members of the Council; and
(c) 6 members of the Assembly.
(2) As soon as practicable after the commencement of each Parliament, the members of the House Committee (other than the President and the Speaker) must be appointed according to the practice of Parliament relating to the appointment of members to select committees.
(3) A member of the Council or Assembly ceases to be a member of the House Committee if—
(a) the member's seat becomes vacant; or
(b) the member resigns by writing delivered to the President and Speaker.
(4) If a vacancy occurs in the appointed members of the House Committee, it must be filled upon motion in the usual manner provided that any requirements of this Act relating to representation on the House Committee of members of the Council and of the Assembly are observed in the filling of the vacancy.
42 Procedure of the House Committee
S. 42(1) substituted by No. 20/2005 s. 41(2).
(1) The House Committee may elect either the President or the Speaker to be chairperson.
S. 42(1A) inserted by No. 20/2005 s. 41(2).
(1A) The deputy chairperson of the House Committee is the President or the Speaker, if he or she is not chairperson.
(2) In the absence or illness of the chairperson, the deputy chairperson has all the powers, and may perform all the duties, of the chairperson.
(3) The quorum of the House Committee is 7 members.
(4) A quorum of the House Committee must not consist exclusively of members of the Council or the Assembly.
(5) A question arising at a meeting of the House committee must be determined by a majority of votes of members present and voting on that question.
(6) Each member of the House Committee has a deliberative vote.
Pt. 5 Div. 2 (Heading and ss 43, 44) repealed by No. 20/2005 s. 40(3).
Part 6—General
45 Discussions on functioning of Joint Investigatory Committees
(1) There is established by this Act a committee consisting of the President, the Speaker and the chairperson of each Joint Investigatory Committee.
(2) The committee established under this section or any 2 or more chairpersons of a Joint Investigatory Committee may meet and hold discussions with a view to securing the more efficient functioning of Joint Investigatory Committees generally, or any one or more of those Committees in particular, and to avoid the duplication by one Committee of the work of another Committee.
(3) For any purpose referred to in subsection (2), the chairperson of a Joint Investigatory Committee may disclose to the committee established under this section, or to any other chairperson of a Joint Investigatory Committee—
(a) any evidence taken by the Joint Investigatory Committee; or
(b) any document presented to the Joint Investigatory Committee; or
(c) any proceeding or report of the Joint Investigatory Committee—
irrespective of whether that evidence, document, proceeding or report has been reported to the Parliament.
46 Expenditure of Joint Investigatory Committees
Except as otherwise provided in this Act, any expenditure incurred by or on behalf of a Joint Investigatory Committee that is authorised and certified by the President or the Speaker, must be paid from the Consolidated Fund which is appropriated by this section to the necessary extent.
Ss 47–49 repealed by No. 37/2013 s. 19.
S. 50 (Heading) substituted by No. 67/2014 s. 137(1).
S. 50 amended by No. 67/2014 s. 137(3) (ILA s. 39B(1)).
50 Application of parliamentary privilege
(1) The proceedings of a Joint Investigatory Committee or any recommendations or reports made by a Joint Investigatory Committee or any documents published by a Joint Investigatory Committee—
(a) do not give rise to a cause of action in law;
S. 50(1)(b) amended by No. 67/2014 s. 137(2).
(b) must not be the subject of, or in any way be called into question in, a proceeding before a court, tribunal, Royal Commission, Board of Inquiry or Formal Review.
S. 50(2) inserted by No. 67/2014 s. 137(3).
(2) In this section—
Board of Inquiry has the same meaning as in the Inquiries Act 2014;
Formal Review has the same meaning as in the Inquiries Act 2014;
Royal Commission means—
(a) a Royal Commission established under the Inquiries Act 2014; or
(b) a Royal Commission established under the prerogative of the Crown.
S. 51 amended by No. 20/2005 s. 42 (ILA s. 39B(1)).
51 Supreme Court—limitation of jurisdiction
(1) It is the intention of section 50 to alter or vary section 85 of the Constitution Act 1975.
S. 51(2) inserted by No. 20/2005 s. 42.
(2) It is the intention of section 50, as it has effect on and after the commencement of sections 38 and 39 of the Parliamentary Administration Act 2005, to alter or vary section 85 of the Constitution Act 1975.
52 Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed for carrying out or giving effect to this Act.
Pt 7 (Heading and ss 53–64) repealed by No. 4/2007 s. 8, new Pt 7 (Headings and new ss 53–55) inserted by 11/2020 s. 57, amended by Nos 27/2020 s. 38, 11/2021 s. 208, repealed by No. 110/2003 s. 55 (as amended by Nos 27/2020 s. 38, 11/2021 s. 208).
Pt 8 (Heading and s. 65) amended by No. 4/2007 s. 7, substituted as Pt 8 (Heading and ss 65, 66) by No. 29/2013 s. 8, repealed by No. 4/2019 s. 5.
Pt 9 (Heading and ss 67, 68) inserted by No. 10/2015 s. 11, repealed by No. 4/2019 s. 5.
Pt 10 (Heading and s. 69) inserted by No. 20/2017 s. 132.
Part 10—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017
S. 69 inserted by No. 20/2017 s. 132.
69 Functions relating to the Freedom of Information Commissioner
(1) On and after the commencement of Division 2 of Part 5 of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, the Accountability and Oversight Committee may continue to carry out its functions under section 6A(1)(a) to (d) in relation to the Freedom of Information Commissioner and the office of the Freedom of Information Commissioner as if that Division had not been enacted.
Pt 11 (Heading and ss 70, 71) inserted by No. 2/2019 s. 192.
Part 11—Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019
S. 70 inserted by No. 2/2019 s. 192.
70 Definitions
In this Part—
Amendment Act means the Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019;
commencement date means the day on which Part 6 of the Amendment Act comes into operation;
former committee means either of the following committees established under section 5 of this Act as in force immediately before the commencement date—
(a) the Accountability and Oversight Committee;
(b) the Independent Broad-based Anti‑corruption Commission Committee;
successor committee, in relation to a former committee, means the Integrity and Oversight Committee established under section 5.
S. 71 inserted by No. 2/2019 s. 192.
71 Transitional provisions
(1) Despite the amendment of this Act by the Amendment Act—
(a) the successor committee is taken to be the same body as the former committee; and
(b) except as expressly provided in this section, all persons, things and circumstances appointed or created by or under this Act or existing or continuing under this Act immediately before the commencement date continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by the Amendment Act.
(2) On the commencement date—
(a) a person who is a member of a former committee ceases to be a member of the former committee and does not become a member of the successor committee unless the person has been appointed to be a member of the successor committee; and
(b) a sub-committee of a former committee ceases to exist.
(3) Despite subsection (1), the following cease to have any effect on the commencement date—
(a) a resolution by a former committee to use an audio or audio visual link under section 25(5);
(b) an invitation to a member of the Council or the Assembly or to a member of the public under section 26(1) to be present at a meeting of a former committee;
(c) a requirement under section 28(1) by a former committee to attend or produce a document or thing;
(d) the empowerment of a specified member or members of a former committee under section 28(5).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 November 2003
Legislative Council: 2 December 2003
The long title for the Bill for this Act was "to establish certain parliamentary committees, to set out the functions, powers and procedures of certain parliamentary committees and to repeal the Parliamentary Committees Act 1968 and for other purposes."
The Parliamentary Committees Act 2003 was assented to on 9 December 2003 and came into operation on 10 December 2003: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Parliamentary Committees Act 2003 by Acts and subordinate instruments.