Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2014-02
Status:
Archived

C2014-02 Statute Law Revision Program 2014

Detailed Outline

Keypoints

  • Statute Law (Miscellaneous Provisions) Bills will be prepared for each sitting of Parliament (Budget and Spring) in 2014.
  • Proposals require approval by the relevant Minister before submission to the Parliamentary Counsel.
  • Submissions to the Parliamentary Counsel for the Budget sitting are required by Monday 31 March 2014.
  • Submissions for the Spring sitting are required by Monday 25 August 2014.
  • This Circular sets out the principles and procedures to be observed for the Statute Law Revision Program.

Attachment 1: Parliamentary Briefing Note Template
Attachment 2: Parliamentary Briefing Note Example

Content and Nature of Proposals for inclusion in Bills

Bills will contain the following matters only:

  • minor amendments proposed by government agencies
  • minor amendments by way of pure statute law revision proposed by the Parliamentary Counsel
  • repeals of obsolete or unnecessary Acts and transfer of savings and transitional provisions with ongoing effect, 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 usually inappropriate for inclusion in the Statute Law Revision Program include but are not limited to:

  • amendments increasing sentences of imprisonment for offences, or creating offences punishable by imprisonment
  • amendments increasing monetary penalties by very high amounts
  • amendments that prejudice the private 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 Revision Program, proposals approved by the relevant Minister and received by the Parliamentary Counsel by Monday 31 March 2014 will be included in the Bill for the Budget Sittings and proposals received by Monday 25 August 2014 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
Secretary

Which agencies does this Circular apply to?
All Ministers and Government agencies.

Who needs to know about this Circular?
All officers in NSW Government agencies involved in the preparation of proposals for the Statute Law Revision Program.

Issued by

Office of General Counsel, Department of Premier and Cabinet

Contact

William Atkins, Principal Legal Officer: 02 9228 4903 [email protected]

Date

5 March 2014

 

This Circular supersedes Circular C2012-03.

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Mar 5, 2014
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