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Department of Premier and Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2021-18
Status:
Active

C2021-18 Bills impacting on personal rights and liberties

Description

Agencies assisting a Minister or Government member with carriage of a bill in Parliament by preparing second reading speeches, debate points or other material should ensure that the bill’s impacts on personal rights and liberties, particularly those referred by the Legislation Review Committee to Parliament for further consideration, are addressed and the rationale for them explained in those materials.

Function and Subject

(1)
Legislation

Detailed Outline

In November 2018, the Legislation Review Committee tabled its report into the operation of the Legislation Review Act 1987.

The Report made recommendations to Government designed to improve the rights scrutiny function of the Committee, being the function of reviewing whether a bill or regulation trespasses unduly on personal rights and liberties, or makes rights, liberties or obligations unduly dependent upon insufficiently defined administrative powers or non-reviewable decisions.

The Government response to the Committee’s report supported in principle a practice of addressing any of a bill’s trespasses on personal rights and liberties that the Committee refers to Parliament for further consideration.

In the case of urgent bills, where the Committee may not have the opportunity to refer a bill’s trespasses on personal rights and liberties to the Parliament for further consideration, the Government supported in principle a practice of making a bill’s key impacts on personal rights and liberties clear during the second reading speech or debate on the bill.

Agencies responsible for assisting a Minister or Government member with carriage of a bill in Parliament should support this practice by ensuring that a bill’s impacts on personal rights and liberties are, where necessary, identified and the rationale for them explained in the speeches, debate points and other material prepared by the agency. In preparing this material, agencies should refer to any list of personal rights and liberties that the Committee may publish from time to time to assist with the rights scrutiny process.

Michael Coutts-Trotter

Secretary

Overview

Who needs to know and/or comply with this?

Advisory Entities (including Boards and Committees)
Departments
Executive agencies related to Departments
Separate agencies
Statutory Authorities/Bodies

AR Details

Date Issued
Nov 23, 2021
Review Date
Mar 24, 2023
Replaces
Replaced By

Contacts

Contact
contact_us@dpc.nsw.gov.au
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet