8.5 Parliamentary Portfolio Committees
Under section 93 of the Parliament of Queensland Act 2001, a Parliamentary Portfolio Committee (portfolio committee) examines each Bill and item of Subordinate Legislation relevant to its portfolio area. This includes considering the policy to be given effect by the legislation, the application of fundamental legislative principles, compatibility with human rights and the lawfulness of subordinate legislation.
Under Part 5 of the Standing Orders, a portfolio committee is required to report on its examination of a Bill and may make recommendations about whether the Bill should be passed and whether the Bill should be amended. Part 5 of the Standing Orders also provides that a portfolio committee must consider the application of fundamental legislative principles, the Bill’s compatibility with human rights and compliance with the requirements to prepare explanatory notes.
8.5.1 Portfolio Committee Review Process
Portfolio committees may call for public submissions on proposed legislation, which will be published on the Parliament House website.
The committee may also request departmental advice and analysis of the submissions.
Following receipt of public submissions, portfolio committees may also hold public hearings with stakeholders regarding legislation.
Following tabling of the Committee’s report on the legislation, the Minister must provide a response to the report if there are actions directed at the Government for action (no Government response is required if the only recommendation is that the Bill be passed, or that an issue be noted by the Legislative Assembly) prior to the commencement of the second reading debate. Subject to the content of the report and proposed response, Cabinet consideration may be required. The timeframe for Cabinet consideration, if required, will be determined by when the Bill needs to be debated.
The Cabinet Office, DPC, including the Parliamentary Liaison Officer, must be consulted in relation to all submissions to Parliamentary Committees and responses to Parliamentary Committee reports, including to assist in determining whether or not Cabinet consideration is required. OQPC should also be consulted where there are issues raised about the drafting of a Bill.
