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Inquiry to examine executive-made pandemic laws
A Senate standing committee has unanimously agreed to conduct an inquiry to scrutinise parliamentary oversight on executive-made laws, including those on COVID-19 changes.
Naomi Neilson
The Senate standing committee for the scrutiny of delegated legislation will examine a default position that executive-made laws will be subject to parliamentary oversight via a disallowance process, by which the House of the Parliament may veto laws.
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Committee chair, senator and the Honourable Concetta Fierravanti-Wells said it is vital to the committee to “ensure that parliament has the opportunity to adequately scrutinise” the executive-made laws, as part of its duties as a delegated legislation committee.
In 2019, the committee found 20 per cent of all delegated legislation was exempt from the process, “thereby removing effective parliamentary oversight” of a “significant” number of laws. It is likely to increase in 2020 with the exemption of many COVID-19 laws.
Given the trend, the committee has resolved to inquire into the appropriateness and use of exempting delegated legislation from parliamentary oversight. It will specifically analyse whether the oversight will need to be amended and how to do so.
Committee deputy chair, Senator and the Honourable Kim Carr, said: “This is a timely and necessary inquiry to ensure that the executive remains accountable to parliament and through it, the people in making delegated legislation.”
