Constitution Review Commission has proposed constitutional limits on the use of Standing Order 51, following concerns that the parliamentary procedure has been used to fast-track legislation without sufficient debate and scrutiny.
In its 2026 report, the Commission said submissions raised concerns about the passage of laws under the current unicameral system, specifically pointing to the use of Standing Order 51. Parliament’s official records continue to separately track Bills dealt with under Standing Order 51.
The Commission said the procedure had been criticised in submissions for enabling Bills to be expedited without what submitters considered robust parliamentary debate or scrutiny.
As part of efforts to “curtail executive overreach”, commissioners considered placing constitutional restrictions on its use.
One option discussed was limiting the Government to three Bills under Standing Order 51 in each parliamentary year and allowing the expedited procedure only in genuine natural disasters or states of emergency.
However, the Commission ultimately recommended a different safeguard — requiring Bills to be confined to one general topic, drawing on the approach contained in the Ghai Commission draft.
The Standing Order 51 concerns also formed part of the Commission’s reasoning for recommending the return of a Senate as a second legislative chamber.
The report said submissions broadly supported a Senate as a “house of review” and an additional check against the rushed or unilateral passage of legislation.
The Commission considered whether stronger bipartisan standing committees could provide sufficient scrutiny, but a majority concluded that a Senate would more effectively provide a second review of Bills.
The Constitution Review Commission Report was tabled in Parliament today for information and is being made publicly available. Its recommendations have not been adopted and would require further constitutional and political processes before taking effect.
