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| Legislative Council of New South Wales Select Committee | |
|---|---|
| Name | Legislative Council of New South Wales Select Committee |
| Legislature | Parliament of New South Wales |
| Chamber | New South Wales Legislative Council |
| Type | Select committee |
| Formed | 19th century (various iterations) |
| Jurisdiction | New South Wales |
| Members | variable |
| Chair | varies by inquiry |
Legislative Council of New South Wales Select Committee
The Legislative Council of New South Wales Select Committee is a temporary investigatory body convened within the Parliament of New South Wales's New South Wales Legislative Council to examine specific issues, produce reports, and recommend action. Drawing on procedures from the United Kingdom House of Lords and the Australian Senate, the committee operates within the constitutional framework of the Constitution of New South Wales, interacts with executive agencies such as the NSW Treasury, NSW Police Force, and NSW Department of Education, and informs legislative debate in the Parliament of New South Wales. Its work has intersected with matters involving the Supreme Court of New South Wales, the Independent Commission Against Corruption, and various local government bodies like the City of Sydney.
Select committees in the New South Wales Legislative Council trace antecedents to colonial-era committees modelled on the British Parliament's select committee system and practices of the Victorian Legislative Council (Australia), the Tasmanian Legislative Council, and the Western Australian Legislative Council. During the 19th century, committees addressed issues raised by figures such as Henry Parkes and John Robertson and institutions including the Postal Department (Australia) and Railways NSW. In the 20th century, inquiries paralleled national trends exemplified by the Commonwealth Parliamentary Committee model and responded to events like the Great Depression and post-war reconstruction, engaging with agencies such as the Department of External Affairs (Australia) and the Department of Health (Australia). Recent decades saw select committees examine topics resonant with inquiries by the Royal Commission into Institutional Responses to Child Sexual Abuse and reviews akin to the National COVID-19 Commission.
Select committees are established by resolution of the New South Wales Legislative Council or by standing orders influenced by practices from the House of Commons of the United Kingdom and the Parliament of Australia. Their mandates typically reference statutes like the Constitution Act 1902 (NSW) and procedural instruments akin to the Standing Orders of the New South Wales Legislative Council. Mandates define terms of reference, timeframes, and reporting obligations and may require coordination with entities such as the Audit Office of New South Wales, the NSW Ombudsman, or the Australian Competition and Consumer Commission. Mandates can encompass scrutiny of legislation, oversight of executive agencies including the NSW Department of Planning and Environment, and examination of public policy issues linked to bodies such as Transport for NSW and the NSW Health system.
Membership is drawn from members of the New South Wales Legislative Council and can include crossbenchers from parties such as the Australian Labor Party (New South Wales Branch), the Liberal Party of Australia (New South Wales Division), the National Party of Australia – NSW, the Greens New South Wales, and minor parties including Shooters, Fishers and Farmers Party (NSW) or independents previously associated with figures like Fred Nile and Rodney Cavalier. Chairs are often appointed by the Council or elected by committee members, following precedents involving chairs from the Australian Senate Standing Committee and the Joint Standing Committee on Foreign Affairs, Defence and Trade. Secretariat support is provided by the Parliamentary Service of New South Wales and research from offices resembling the Parliamentary Library (Australia).
Powers derive from resolutions and standing orders similar to those governing the New South Wales Legislative Assembly and reflect practices from the House of Lords Select Committees and Senate of Australia committee system. Committees may summon witnesses, require production of documents from statutory authorities including the Land and Environment Court of New South Wales and agencies such as the NSW Ambulance Service, and conduct hearings in public or private. Procedures often mirror evidence rules used by bodies like the Independent Commission Against Corruption and may involve protections under instruments akin to the Evidence Act 1995 (NSW). Committees produce reports laid before the Parliament of New South Wales and can recommend legislative amendments, referrals to tribunals like the Industrial Relations Commission of New South Wales, or referrals to royal commissions such as the Royal Commission into the Protection and Detention of Children in the Northern Territory for matters of greater scope.
Select committees have conducted inquiries on matters comparable to high-profile reviews such as the Fitzgerald Inquiry (Queensland) and the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry at the federal level. Examples include inquiries into parliamentary entitlements and standards paralleling reforms in the Victorian Independent Broad-based Anti-corruption Commission jurisdiction, scrutiny of law enforcement responses like inquiries related to the Black Lives Matter protests, investigations into regional infrastructure akin to debates over the Murrumbidgee Irrigation Area, and reviews touching on public health policy during crises similar to responses by the Australian Health Protection Principal Committee. Reports have influenced policy in areas intersecting with the NSW Education Standards Authority, Housing NSW, and the Rural Fire Service (New South Wales).
Recommendations from select committee reports have led to procedural and legislative reforms comparable to measures enacted after inquiries by the Commonwealth Ombudsman and state royal commissions. Outcomes include amendments to standing orders, strengthened oversight mechanisms referencing models from the New Zealand Parliament, reforms to public sector accountability similar to ICAC-related changes, and policy shifts in sectors involving Transport for NSW and NSW Health. Some reports have prompted inquiries by federal bodies such as the Parliamentary Joint Committee on Intelligence and Security or administrative reviews by the NSW Electoral Commission.
Criticisms mirror debates confronting select committees elsewhere, including allegations of partisanship comparable to controversies in the House of Commons and disputes over subpoena compliance involving agencies like the Australian Federal Police. Controversies have arisen when inquiries touched on sensitive matters involving entities such as the Catholic Church in Australia, corporations like Wesfarmers or Commonwealth Bank, or when recommendations overlapped with federal jurisdiction held by the Australian Government. Other critiques concern resource constraints within the Parliamentary Service of New South Wales, perceived limits of committee powers relative to royal commissions, and tensions with oversight bodies such as the NSW Ombudsman and Audit Office of New South Wales.