Parliamentary
Review of The significance of ANZAC Day makes it vitally important to get the policy settings for regulation right and to ensure the legislation is free from anomalies. The measure of the legislation then is through ensuring that the regulatory machinery is able to provide for appropriate commemoration, and recognition, of ANZAC Day whilst recognising broader community interests. The submissions and evidence received by the Committee are invaluable to the consideration of the appropriate policy basis and legislative model. An issue for consideration is whether the initial justification for legislation expressed terms of constituting ANZAC Day as a public and bank holiday remains current. In this regard, the Discussion Paper analysed the case for legislative intervention. This analysis is reproduced at Appendix D. From time to time some Victorians have argued that ANZAC Day should not be commemorated in the traditional way. Moreover, some, to the extent of demonstrating formal protests, have opposed any commemoration. Successive governments of all political persuasions have maintained a commitment to legislation relating to ANZAC Day. On that basis alone, it is arguable that the debate about withdrawal of regulation of ANZAC Day is closed. What appears more an issue is the scope for improving the regulatory framework. The need for improvement of the legislation is apparent from consideration of the issues raised in submissions to the Committee. None of those issues could be characterised as having proved fatal to the concept of ANZAC Day legislation. Rather, they are issues which invite improvements to the legislative scheme. That invitation has been accepted by the Committee, the outcome of which is contained in this Report’s recommendations.
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