Annual Review 2000, Regulations 1999 and 2000
April 2001

Chair’s Foreword

This Annual Review summarises the operations of the Regulation Review Subcommittee (referred to as the Subordinate Legislation Subcommittee of the Scrutiny of Acts and Regulations Committee prior to 1 May 2000) during the 53^rd and 54^th Parliament, during which there have been many changes to both Subcommittee members and staff. I take this opportunity to thank previous and current members of the Subcommittee and its staff, in particular Jenny Baker, Legal Adviser (Regulations), Simon Dinsbergs, Assistant Executive Officer and Fiona Lewandowski, Legal Adviser for their dedication and efforts towards regulatory scrutiny.

Due to the dissolution of the 53^rd Parliament in late 1999, the new Subcommittee faced a significant backlog of 1999 regulations at its early meetings in 2000. The Subcommittee for the 54^th Parliament reviewed 106 regulations made in 1999 and 141 made in 2000. 44 of the 150 regulations made in 1999 were reviewed by members of the Subcommittee for the 53^rd Parliament – these regulations are not discussed in any detail in this Annual Review. Although the number of new regulations being made is declining over time, their impact on our community remains considerable.

While the Subcommittee did not make any adverse reports to Parliament in 1999 nor 2000, the current Subcommittee sent 44 letters to Ministers seeking clarification of issues or raising concerns. Ministerial responses have generally been prompt and most helpful to the Subcommittee. The Annual Review seeks to identify areas of concern and includes a number of Practice Notes in Appendix 8 in order to offer department and agency officers some guidance as to the Subcommittee’s expectations.

Finally, in March 2000 the Subcommittee received a reference to inquire into the operation of the Subordinate Legislation Act 1994. To date, the Subcommittee has circulated a Discussion paper, received numerous public submissions and will shortly conduct public hearings. The Subcommittee is also examining scrutiny models based on both Australian and overseas experience and in mid 2000 visited counterpart scrutiny committees in Queensland, New South Wales and the Australian Capital Territory (State and Commonwealth). It is anticipated that the final Report will be tabled in the Autumn 2002 session of Parliament.

Hon. Jenny Mikakos, MLC
Chair, Regulation Review Subcommittee