As Ministers would be aware, section 5(1) of the Subordinate Legislation Act 1989 requires a Regulatory Impact Statement (RIS) to be prepared before a principal statutory rule is made. The RIS contains substantial background information regarding the proposed regulation.

The Parliamentary Regulation Review Committee has raised concerns about the standard of RISs and the poor understanding amongst Members of Parliament of the basis of new statutory rules.

In response to the Committee's concerns I have decided to approve the following procedures to be undertaken when making principal statutory rules:

• Ministers are requested to table a copy of the RIS in the same sitting week as Parliament is given notice of the making of a new regulation, or as soon as possible thereafter.
• Ministers are urged to table other documents, in addition to the RIS, if the documents would aid Members of Parliament in understanding the background or substance of a new statutory rule.

Explanatory notes or a background paper should be tabled with the RIS if the final regulation is substantially different from the draft regulation that was released for public comment. Examples of other relevant material that might be tabled include incorporated material such as codes of practice, guidelines, standards or other publications related to the regulation.

Please bring this Memorandum to the attention of heads of departments within your administration.

Bob Carr
Premier

Issued by: Intergovernmental and Regulatory Reform Branch
Contact Officer: David Bernauer
Phone: 92283204
Date: