Best Practice Legislative Development Checklist
As Senators and Members return to Parliament this week, the Law Council of Australia has prepared a helpful checklist outlining the minimum steps that must be taken to develop effective legislation.
“The Law Council has been increasingly concerned that legislative processes are being rushed unnecessarily, lack transparency, and overlook key steps in the development process,” Law Council of Australia President, Juliana Warner said.
“Legislation that comes before Parliament can make a real difference in the lives of Australians.
“Notwithstanding its heavy workload, Parliament cannot afford to neglect vital checks and balances that are designed to ensure it passes the most effective legislation possible.
“Central to achieving this objective is proper legislative scrutiny.
“This includes genuine consultation with relevant stakeholders, adequate time for their response, and conducting a proper impact assessment.
“Proposed legislation must also take into account rule of law principles and Australia’s international human rights obligations.
“By issuing our Best Practice Legislative Development Checklist, we aim to give Parliamentarians an easy-to-follow tool which will help them identify red flags and promote better law making.
“If the steps in the Checklist aren’t followed, the resulting legislation may produce undesirable outcomes, prove unworkable in practice, or even be constitutionally unsound.
“Parliament has a responsibility to hold Government to account to ensure that Australian society is regulated sensibly and fairly for the benefit of the community.”
https://www.lawcouncil.asn.au/media/media-releases/best-practice-legislative-development-checklist