Annual Review 2000, Regulations 1999 and 2000

Appendix 5 - Correspondence concerning Regulations made in 2000


This Appendix contains correspondence sent to responsible Ministers by the Subcommittee concerning regulations made in 2000. The Appendix categorises correspondence in accordance with issues which caused the Subcommittee concern. During 2000 the Subcommittee examined 141 regulations. No acknowledgment was received from responsible Ministers concerning SRs 2, 7, 8, 12, 16, 17, 18, 19, 21, 25 and 57. At the time of publishing this Annual Review no response has been received from Ministers concerning SRs 94, 105, 110, 111, 119, 120, 130, 133 and 135 – as these regulations have only recently been reviewed and correspondence has only recently been sent to Ministers.

Statutory Rule

Minister

Issue

SR 41 – Supreme Court (Fees) Further Amendment

Attorney-General

Possible breach of sub-section 21(1)(h) – inconsistent with principles of justice and fairness

SR 42 – County Court (Court Fees) Further Amendment

Attorney-General

Possible breach of sub-section 21(1)(h) – inconsistent with principles of justice and fairness

SR 43 – Magistrates’ Court (Fees, Costs and Charges) Further Amendment

Attorney-General

Possible breach of sub-section 21(1)(h) – inconsistent with principles of justice and fairness

SR 7 – Subordinate Legislation (Pathology Services (Exempted Tests) Regulations 1990 – Extension of Operation)

Planning

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 8 – Subordinate Legislation (Pathology Services Accreditation (General) Regulations 1990 – Extension of Operation)

Planning

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 12 – Environment Protection (Purchase and Sale of Products Containing Ozone-depleting substances) Regulations 1990 – Extension of Operation)

Environment & Conservation

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 16 – Subordinate Legislation (Health Prescribed Accommodation) Regulations 1990 – Extension of Operation)

Planning

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 17 – Subordinate Legislation (Health (Infectious Diseases) Regulations 1990 – Extension of Operation)

Planning

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 18 – Subordinate Legislation (Health (Brothels) Regulations 1990 – Extension of Operation)

Planning

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 19 – Subordinate Legislation (Accident Compensation Regulations 1990 – Extension of Operation)

WorkCover

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 21 – Subordinate Legislation (Local Government Regulations 1990 – Extension of Operation)

WorkCover

Failure to specify special circumstances for 12 months extension under sub-section 5(3).

SR 38 – Water (Permanent Transfer of Water Rights) (Amendment)

Environment & Conservation

Failure to specify reasons under section 9 and failure to date certificates

SR 68 – Zoological Parks and Gardens (Administration) (Charges)

Environment & Conservation

Failure to specify reasons under section 9 and failure to date certificates

SR 2 – Administration and Probate (Deposit of Wills) (Fees) (Amendment)

Planning

Fee increase outside Treasurer’s rate but technically valid because rounded to nearest whole dollar under sub-section 8(2). Increase falls outside spirit of the Subordinate Legislation Act 1994.

SR 25 – Architects (Amendment)

Planning

Analysis of competition principles not in accordance with Guiding Legislative Principle and instead simply repeats the contents of the regulation impact statement.

SR 30 – Gas Safety (Gas Appeals Board)

Treasurer

Whether fees for appeals set at affordable levels. Seeking feedback on the number of appeal applications.

SR 28 – Fisheries (Scallop)

Energy & Resources

Avoidance of scrutiny by including new conditions in the licence instead of incorporating them in the Regulations

SR 48 – Country Fire Authority (Amendment)

Police & Emergency Services

Exemption certificate incorrectly states section under which it was made. Also no consultation certificate.

SR 57 – (Health Exempt Businesses)

Health

Exemption under sub-section 9(1)(a). No consultation certificate.

SR 66 – Forests (Miscellaneous)

Environment & Conservation

Failure to consult with environmental groups.

Level and notification of penalties.

Notification of public of special camping restrictions.

Availability of Guidelines concerning the auction and tender of forest produce.

SR 94 – Subdivision (Permit and Certification Fees)

Planning

Breadth of consultation and clarification of circumstances in which councils will exercise their discretion to "waive or rebate" certain fees under the Regulations.

SR 95 – Road Safety (Road Rules) (Road Rules Modification No. 1)

Transport

Modification of uniform legislation – request for clarification of impact on uniform road rules.

SR 105 – Subdivision (Body Corporate) (Interim) Regulations 2000

Planning

Use of Premier’s certificate to obtain additional extension of time and enactment of Interim Regulations with some significant changes. Uncertain where adequate notification to community of these changes.

SR 110 – Building (Fees)

Planning

Failure of RIS to consider alternatives as required by sub-section 10(1)(c) of the Subordinate Legislation Act 1994.

SR 111 – Education

Education

Advice as to whether evidence of immunisation is required to be presented to schools prior to the admission of children.

SR 119 – County Court (Chapter 1 Amendment No. 3) Rules

Attorney-General

Second significant increase in party/party costs in civil proceedings in the County Court within six months.

SR 120 – Supreme Court (Chapter 1 Amendment No. 15) Rules

Attorney-General

Second significant increase in party/party costs in civil proceedings in the Supreme Court within six months

SR 130 – Control of Weapons

Police & Emergency Services

Guidance concerning the definition of acoustic anti-personnel devices. Unclear about why these weapons have been associated with chemical defence sprays and electrical discharge devices. Explanation as to why these devices included on Prohibited Weapons List.

SR 133 – Magistrates’ Court Civil Procedure (Amendment No. 6) Rules

Attorney-General

Second significant increase in party/party costs in civil proceedings in the Magistrates’ Court within six months

SR 135- Victims of Crime Assistance (Special Financial Assistance)

Attorney-General

Regulations excepted under sub-section 8(1)(b) – should more appropriately have been exempted under 9(1)(c) – as fundamentally declaratory.