7.4 Parliamentary Portfolio Committees
Under section 93 of the Parliament of Queensland Act 2001, a Portfolio Committee examines each Bill and 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 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 may consider the application of fundamental legislative principles and compliance with the requirements to prepare explanatory notes.
7.4.1 Portfolio Committee Review Process
Portfolio Committees may call for public submissions on proposed legislation, which will be published on the Committee website.
On review of such submissions, the relevant Minister may choose to provide a response for the Committee’s consideration. Individual Ministerial responses should describe and offer factual analysis of policies and programs or the manner in which relevant issues have been dealt with.
Where a response deals with a politically sensitive matter or significant policy issues Cabinet approval should be sought prior to forwarding to the Committee.
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 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.
Policy Division, Department of the Premier and Cabinet must be consulted in relation to all submissions and responses to Parliamentary Committee reports, including to assist in determining whether or not Cabinet consideration is required.
7.4.2 Role of Public Officials
Public service employees may have dealings with parliamentary committees regarding legislation as either an assistant or a witness at any stage of the process. In both roles they can provide committees with detailed information about the proposed legislation.
Consultation with OQPC before responding to portfolio committee comments about the application of fundamental legislative will depend on the circumstances. See section 4.6 of the Legislation Handbook for further details.
The Code of Practice for Public Service employees assisting or appearing before Parliamentary Committees (PDF, 735 KB) provides guidance for public service employees dealing with Parliamentary committees. See also 8.2 Guidance in relation to dealing with Queensland Parliamentary Committees.