Legal and Constitutional
Affairs Committee
On 20 August
1998, the Legislative Assembly of the Northern Territory, by resolution
established the Standing Committee of Legal and Constitutional Affairs to
inquire, report and make recommendations upon such constitutional and legal
matters as may be referred to it by:
(i) the
Attorney-General; or
(ii) resolution of the Assembly.
The Standing
Committee was reconstituted by the Legislative Assembly on 16 October 2001.
The Legislative Assembly, on 25 October 2001, resolved to enhance the Standing
Committee's role and function in providing the following additional new
Terms of Reference:
(1) The
committee shall inquire, consider, make recommendations and report to the
Assembly from time to time on:
(a) any
matter concerned with legal or constitutional issues, including law reform,
parliamentary reform, administrative law, legislative review and inter-governmental
relations;
(b) the legal or constitutional relationship between the Northern Territory
and the Commonwealth;
(c) any proposed changes to that legal or constitutional relationship,
including the admission of the Northern Territory as a new state of the
Commonwealth; or
(d) any proposed changes to the Commonwealth Constitution that may affect
the Northern Territory and/or its residents;
(2)
With the approval of the Attorney-General, any other matter concerning the
relationship between the Northern Territory and the Commonwealth and/or
the states in the Australian federation;
(3) Meet with any other state or Commonwealth parliamentary committees to
inquire into matters of mutual concern;
(4) The Committee shall report to the Assembly as soon as possible after
30 June each year on its activities during the preceding financial year.
Full
Terms of Reference
(Section 21B of the Standing Orders)
(1)
A committee to be known as the Committee on Legal and Constitutional Affairs
shall be appointed at the commencement of each Assembly to inquire, report
and make recommendations upon such constitutional and legal matters as may
be referred to it by:
(2)
The committee shall consist of five members.
(3)
Any appointed alternate opposition member may participate in a meeting of
the committee or sub-committee as if he of she were a full member provided
only that two opposition alternate members shall vote at a deliberative
meeting of a committee or sub-committee.
(4)
Any appointed alternate government member may participate in a meeting of
the committee or sub-committee as if he of she were a full member provided
only that three government members shall vote at a deliberative meeting
of a committee or sub-committee.
(5)
In the event of an equality of voting, the Chairman shall have a casting
vote.
(6)
The committee have power to appoint subcommittees and to refer to any such
subcommittee any matter which the committee is empowered to examine.
(7)
Three members of the committee constitute a quorum of the committee and
three members of a subcommittee constitute a quorum of the subcommittee.
(8)
The committee or any subcommittee have power to send for persons, papers
and records, to adjourn from place to place, to meet and transact business
in public or private session and to sit during any adjournment of the Assembly.
(9)
The committee shall be empowered to print from day to day such papers and
evidence as may be ordered by it and, unless otherwise ordered by the committee,
a daily Hansard shall be published of such proceedings of the committee
as take place in public.
(10)
The committee have leave to report from time to time and any member of the
committee has power to add a protest or dissent to any report.
(11)
Unless otherwise ordered by the committee, all documents received by the
committee during its inquiry shall remain in the custody of the Assembly
provided that, on the application of a department or person, any document,
if not likely to be further required, may, in the Speaker's discretion,
be returned to the department or person from whom it was obtained.
(12)
Members of the public and representatives of the news media may attend and
report any public sessions of the committee, unless otherwise ordered by
the committee.
(13)
The committee may authorise the televising of public hearings of the committee
under such rules as the Speaker considers appropriate.
(14)
The committee shall be provided with all necessary staff, facilities and
resources and shall be empowered, with the approval of the Speaker, to appoint
persons with specialist knowledge for the purposes of the committee.
(15)
The committee be empowered to consider the minutes of proceedings, evidence
taken and records of similar committees established in the previous Assembly.
(16)
The foregoing provisions of this resolution, so far as they are inconsistent
with standing orders, have effect notwithstanding anything contained in
the Standing Orders.
Membership
of Committee
Contact Details
Ms Pat Hancock
Director Committee Secretariat
Legal and Constitutional Affairs
GPO Box 3721
DARWIN NT 0801
Telephone:
(08) 8946 1429
Fax: (08) 8946 1420
Email: pat.hancock@nt.gov.au
