Annual Review 2003, Regulations 2003, May 2004

Chairs' Foreword

[Back to Table of Contents]

There has been a long proud tradition of bipartisan regulation review in the Victorian Parliament for almost 48 years. The scrutiny of regulations originally commenced in 1956. This Annual Review summarises the operations of the Regulation Review Subcommittee during 2003. No doubt the nature and form of regulations have changed since 1956. However the Regulation Review Subcommittee and its predecessor, the Legal and Constitutional Committee have always been committed to the dual notions of scrutiny and accountability in their assessment of regulations. Such notions are fundamental to good government.

The Regulatory Impact Statement process and the requirements set out in the Subordinate Legislation Act 1994 play a vital role in ensuring that the community remains involved with the development of regulations. That contribution helps to ensure that regulations are workable and effective.

This year the Regulation Review Subcommittee has considered some 157 regulations. There were no adverse reports in respect of any regulations. However, on several occasions the Subcommittee wrote to the relevant Minister requesting advice or a response. Generally Ministerial responses were helpful and clarified the issues raised.

The Subcommittee continues to raise matters where it considers there has not been sufficient compliance with the provisions of the Subordinate Legislation Act 1994. This is set out in more detail in Chapter 2. In particular the Subcommittee wishes to emphasise the importance of complying with all the Regulatory Impact Statement requirements. The proper consideration of alternatives to the regulations, a rounded cost benefit analysis and close consideration of all submissions is vitally important to the success of the process. The Subcommittee is of the view that on occasions, fuller consideration could be given to alternatives and the submissions made. Transparency is crucial. Members of the public need to have confidence in the process.

We wish to thank the current members of the Regulation Review Subcommittee for their work. At times it may appear that the work is technical but the scrutiny of regulations remains an invaluable part of the democratic process. In 2003 our Legal Adviser, Ms Jenny Baker left during the year to take up a new role at Parliament. The Regulation Review Subcommittee thanks her for her dedication and commitment and in particular for her work on the Report on the Subordinate Legislation Act 1994. Ms Helen Mason commenced work as the Subcommittee's new Legal Adviser. We thank Ms Mason for her hard work, expertise and provision of timely advice. Finally, all Subcommittees require administrative staff to ensure its smooth running from day to day. In that respect the Subcommittee is extremely fortunate to have the constant administrative support of Ms Sonya Caruana and Mr Simon Dinsbergs. The Subcommittee thanks them for their effort.

Each year presents different challenges. Though the number of regulations made is relatively steady, the subject matter varies enormously. The Subcommittee looks forward to dealing with the issues and challenges with which it will no doubt be presented.

Scrutiny of Acts and Regulations Committee
© Parliament of Victoria