This Appendix contains a list
of correspondence sent to responsible Ministers by the Regulation
Review Subcommittee concerning regulations made in 2002. The Appendix
categorises correspondence in accordance with the nature of the
issue raised by the Regulation Review Subcommittee.
|
Regulations |
Minister |
Issue |
|
SR 9 – Health (Quality of Drinking
Water) Regulations 2002
|
Health |
Possible breach of section 21(1)(c)
– inconsistent with the objectives of the authorizing
Act. Concern about the reduction of maximum penalties imposed
for non compliance with the Regulations. |
|
SR 42 – Health Records Regulations
2002 |
Health |
Possible breach of section 21(1)(h)
– inconsistent with principles of justice and fairness.
Concern about the ability of health care cardholders and pensioners
to access their health records. |
|
SR 133 – Private Agents (Interim)
(Amendment) Regulations 2002 |
Police and Emergency Services |
Possible breach of section 21(1)(j)
– non compliance with Subordinate Legislation Act 1994
and/or the Premier’s Guidelines. Extension of regulations
on four occasions defeating the purpose of the Subordinate
Legislation Act 1994 which requires regulations to sunset
at the end of 10 years. |
|
SR 62 – Domestic (Feral and
Nuisance) Animals (Amendment) Regulations 2002 |
Agriculture |
Section 11(3) of the Subordinate Legislation
Act 1994 and the requirement for Ministers to consider all
submissions and comments received on regulatory proposals.
Failure of standard response to address many of the comments
expressed in submissions. |
|
SR 121 – Supreme Court (Chapter
I Amendment No. 22) Rules 2002 |
Attorney-General |
Breadth of consultation. Changes to
costs awarded for offers of compromise. Concern about the
cost impact on defendants who reject offers of compromise
and the level of consultation undertaken prior to enactment. |
|
SR 114 – Road Safety (General)
(Responsible Driving) Regulations 2002
SR 115 – Road Safety (Drivers)
(Demerit Points) Regulations 2002 |
Transport |
Breadth of Consultation. Advice sought
as to impact on and consultation with taxi drivers, chauffeurs
and other groups who spend considerably longer hours driving
on the roads than other road users. |
|
SR 56 – Water (Groundwater)
Regulations 2002 |
Water |
Regulation Impact Statement. Failure
to give adequate consideration to regulatory and non-regulatory
options for achieving the objectives. |
|
SR 99 – Mineral Resources Development
Regulations 2002 |
Energy Industries and Resources |
Regulation Impact Statements. RIS
unnecessarily confusing making it unclear and difficult to
understand some of the changes and the impact of those changes. |
|
SR 89 – Road Safety (Drivers)
(Amendment) Regulations 2002 |
Transport |
Fee increases – section 8(1)(a).
Use of ‘basket approach’ with individual fees
exceeding the rate fixed by the Treasurer.
Incorrect use of section 9(1)(a) exemption – no economic
or social burden. Regulations increasing fees in accordance
with the rate fixed by the Treasurer should be excepted under
section 8(1)(a). |
|
SR 120 – Subordinate Legislation
(Forests (You Yangs Regional Park) Regulations 1992 –
Extension of Operation) Regulations 2002 |
Environment |
Extension of operation – section
8(1)(d)(iii). Clarification sought of ‘special circumstances’.
|
|
SR 52 – Private Agents (Interim)
Regulations 2002 |
Police and Emergency Services |
Premier’s certificate. Advice
as to when the review of the Private Agents Act 1966 commenced
and when the review is likely to be completed. |
|
State Environment Protection Policy
(Prevention and Management of Contamination of Land) June
2002 |
Environment |
Policy met all requirements. Concern
about the possibility that vendors may be aware of contamination
and not disclose this to prospective purchasers. |