|Description of this AgencyDescription of this Agency|
Establishment and Function
The Legal and Constitutional Committee was established under the Parliamentary Committees (Joint Investigatory Committees) Act 1982 (No.9765). The purpose of the committee was originally:
"(a) to inquire into, consider and report to the Parliament, where required or permitted to do so by or under this Act, on any proposal, matter or thing connected with legal, constitutional or parliamentary reform or with the administration of justice but excluding any proposal, matter or thing concerned with the joint standing orders of the Parliament of the standing orders of any House of the Parliament or the rules of practice of any House of the Parliament; and
(b) to consider whether the special attention of Parliament should be drawn to any regulations on the ground that-
(i) the regulations appear not to be within the regulation-making powers conferred by, or not to be in accord with the general objects of, the Act pursuant to which they purport to be made;
(ii) the form or intention of the regulation requires explanation;
(iii) the regulations unduly trespass on rights previously established by law;
(iv) the regulations unduly make rights dependent upon administrative and not upon judicial decisions; or
(v) the regulations contain matter which in the opinion of the Committee should properly be dealt with by Act of Parliament and not by regulations-
and to make such reports and recommendations to the Council and the Assembly as it thinks desirable as a result of any such consideration."
Paragraph (b) was replaced by the Subordinate Legislation (Review and Revocation) Act 1984 (No.10169):
"(b) such functions as are conferred on the Committee by the Subordinate Legislation Act 1962."
The Legal and Constitutional Committee effectively replaced the Statute Law Revision Committee and the Subordinate Legislation Committee.
Joint investigatory committees
The Committee is a joint investigatory committee of the Legislative Assembly and Legislative Council. The Committee comprised 12 members of which no more than six members could be appointed by the Council and no more than ten appointed by the Assembly.
As a joint investigatory committee, the Legal and Constitutional Committee could inquire into matters referred to it by a joint resolution of both Houses or by order of the Governor-In-Council. It could also inquire, consider or report to Parliament on any annual report or document relevant to its functions laid before either House. Recommendations made by the Legal and Constitutional Committee (and any other joint investigatory committee other than the Public Bodies Review Committee) were not automatically accepted by Parliament. The appropriate responsible Minister, however, was required to table a report stating action to be taken regarding these recommendations within 6 months of the tabling of the report.
Abolition of the Committee
The Legal and Constitutional Committee was abolished following the 1992 election by the Parliamentary Committees (Amendment) Act 1992 (No. 64). The work of the Committee was effectively replaced by the Law Reform Committee (VA 3142).
Location of Records
Records of the Legal and Constitutional Committee are listed below.
**Special Access Conditions**
Although records transferred from this agency are available for public inspection, special access conditions apply. The records have been transferred to the Public Record Office on the understanding that they remain the property of the Parliament of Victoria. Parliamentary records are transferred on condition that all requests for access will be referred to the Clerk of the Legislative Council/Legislative Assembly as appropriate, for determination in each case.
Application to inspect the records should be made to the appropriate officer and written authorisation must be presented at the Public Record Office Search Rooms before records can be made available for inspection.