C2026-02 Notifying the Delegated Legislation Committee about implementing undertakings
Government must notify the Legislative Council Delegated Legislation Committee within 5 business days after implementing any undertaking made to address concern
Issued: by Secretary, The Cabinet Office
Key information
- Status
- Active
- Type
- The Cabinet Office Circular
- Identifier
- C2026-02
- Compliance
- Mandatory
- Updated
Who needs to know and/or comply with this?
- Departments
- Executive agencies related to Departments
About
From time to time, the Government may give undertakings to the Legislative Council Delegated Legislation Committee to address its concerns about a legislative instrument. The Committee must be notified within five business days once the undertaking has been implemented.
This circular applies to NSW Government agencies, officers and other entities that are subject to Ministerial direction and control.
The Legislative Council Delegated Legislation Committee (the Committee) has the function of scrutinising all instruments of a legislative nature that are subject to disallowance against the principles set out in section 9(1)(b) of the Legislation Review Act 1987. Such legislative instruments include:
- any statutory rule such as a regulation, by-law, rule or ordinance made, approved or confirmed by the Governor
- a rule of court
- instruments where it is provided in an Act that the instrument is to be treated as if it were a statutory rule for the purposes of section 41 of the Interpretation Act 1987.
The Committee may raise scrutiny concerns with the Government and seek an undertaking for a specific action to address its scrutiny concerns. The giving of undertakings is voluntary and may be offered as an alternative to the Committee resolving to give notice to disallow the relevant part of a legislative instrument.
Agencies should ensure that, if an undertaking is given to the Committee, notice of implementation is given to the Committee within five business days from when the undertaking is implemented. This will assist the Committee in performing its functions efficiently.