Detailed Outline
Keypoints
- Statute Law (Miscellaneous Provisions) Bills will continue to be prepared for each sitting of Parliament (Budget and Spring).
- To enable timely preparation of Bills for introduction into Parliament, the following principles and procedures should be observed.
Attachment 1: Parliamentary Briefing Note Template
Attachment 2: Parliamentary Briefing Note Example
Content and Nature of Proposals for inclusion in Bills
Bills will continue to contain the following matters only:
- minor amendments proposed by government agencies (but not a significant number of amendments to one Act)
- minor amendments by way of pure statute law revision proposed by the Parliamentary Counsel
- transfer of savings and transitional and other provisions of ongoing effect
- repeals of obsolete or unnecessary Acts, proposed by government agencies or the Parliamentary Counsel
- savings and transitional provisions.
Amendments proposed by agencies must be non-controversial and must contain no more than minor policy changes. Matters that are inappropriate for inclusion in the Statute Law Revision Program include but are not limited to:
- amendments increasing penalties for offences punishable by imprisonment on conviction, or creating offences punishable by imprisonment on conviction
- amendments increasing monetary penalties by very high amounts
- amendments intruding on or prejudicing the rights of any person
- amendments retrospectively imposing liabilities on any person
- amendments to Acts dealing with controversial subject matter
- amendments that have been the subject of disputes between agencies, or that require considerable whole of government consideration
- lengthy or voluminous amendments.
Procedures for Submission of Proposed Amendments
Ministers should ensure that their agencies are advised of the following procedures for submission of proposals.
- Requests for matters to be included in Bills should be drafted for the Minister’s signature and addressed to the Parliamentary Counsel.
- Requests should be accompanied by a parliamentary briefing note of not more than one page per proposal. A briefing note template and an example are set out in Attachment 1 and Attachment 2 respectively. Each briefing note should relate to amendments to one Act only and should be in plain English, assuming no knowledge of the particular issue. It should include:
- a broad statement of the rationale for the proposal (ie: why it is required), its context and who has proposed it
- a general outline of the proposal in non-technical terms and how it will resolve the problem
- full implications of the proposal.
- Each matter will be assessed initially by the Parliamentary Counsel and then by the General Counsel, Department of Premier and Cabinet. Any matter considered to be unsuitable for the program will not be included.
Dates for Submission
To facilitate preparation of Bills, Ministers should ensure that proposals from their agencies are submitted to the Parliamentary Counsel throughout the year as soon as the need for an amendment is identified and approved by the Minister.
Subject to their being assessed as suitable for the Statute Law Program, proposals approved by the relevant Minister and received by the Parliamentary Counsel by 17 April (or, if 17 April is not a business day, the closest business day thereafter) in any year will be included in the Bill for the Budget Sittings, and proposals received by 24 August (or, if 24 August is not a business day, the closest business day thereafter) will be included in the Bill for the Spring Sittings.
Proposals submitted after these dates will be considered for inclusion in the following Sitting’s Bill unless formally withdrawn.
Enquiries may be directed to the Parliamentary Counsel’s Office or the Office of General Counsel, Department of Premier and Cabinet.
Chris Eccles
Director General
Which agencies does this Circular apply to?
All Ministers and public sector agencies.
Who needs to know about this Circular?
All officers within NSW public sector agencies involved in preparation of proposals for the Statute Law Revision Program.
- Issued by
- Office of General Counsel, Department of Premier and Cabinet
- Contact
- Fiona Cameron – (02) 9228-3225 [email protected]
- Date
- 14 February 2012
- This Circular has superseded Circular 2010-02
Overview
Compliance
- Not Mandatory
AR Details
- Date Issued
- Feb 14, 2012
- Review Date
- Jun 13, 2024
- Replaces
- Replaced By
-
Contacts
- Contact
- Contact us
- Phone
- 02 9228 5555
- Publishing Entity
- Department of Premier and Cabinet
- Issuing Entity
- Department of Premier and Cabinet