Law making in Victoria
The law making process at the State level in Victoria has undergone many changes in recent years, and more are in prospect.
The most striking changes relate to the analysis and consultation which is required to occur before a law is made:
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consideration must be given to any human rights implications of the proposal. Cabinet submissions must contain sufficient information to demonstrate that any human rights implications have been (or will be) identified, assessed and addressed. Almost inevitably, this requires at least internal Government consultation. The key requirements are set out in the Charter of Human Rights and Responsibilities Act 2006;
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when regulations providing for infringement notices are being prepared there must be consultation with the Department of Justice. This is to be verified by a “certificate of consultation”. The key requirements are set out in section 6A of the Subordinate Legislation Act 1994;
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a regulatory impact statement must be prepared for a statutory rule (with some exceptions). If this occurs, the Minister must ensure that the proposal is publicised and that public comment is invited. The key requirements are set out in section 11 of the Subordinate Legislation Act 1994.
Local Law reviews
Councils are required to review their local laws at least every ten years. This review is invariably complex and time consuming: yet, if done well, it provides opportunity for community interaction with the Council about important issues.
Proposed law reform
The concept of “incorporated document” is well understood in Victoria. But “legislative instrument”?
Under proposals currently under consideration, regulatory impact statement requirements – currently limited to subordinate instruments – will be extended to apply to many other documents “of a legislative character”.
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Mostly, this website provides information about legislation and the processes by which it is made.