Supporting Reports to Regulations and Scrutiny Principles
The process of supporting reports to regulations involves a comprehensive analysis of the regulations in accordance with scrutiny principles, ensuring alignment with enabling legislation, natural justice, and legislative intent. It includes detailed information on the regulation, contact details, purpose, effects, early commencement reasons, and consultation feedback. Scrutiny principles consider various aspects to assess the regulations' clarity, effectiveness, and potential impacts, emphasizing transparency and accountability.
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Supporting reports to Regulations HON. GERRY KANDELAARS MLC PRESIDING MEMBER, LEGISLATIVE REVIEW COMMITTEE SOUTH AUSTRALIA
Scrutiny principles (a) whether the regulations are in accord with the general objects of the enabling legislation; (b) whether the regulations unduly trespass on rights previously established by law or are inconsistent with the principles of natural justice, or make rights liberties or obligations dependent on non- reviewable decisions; (c) whether the regulations contain matter which, in the opinion of the Committee, should properly be dealt with in an Act of Parliament; (d) whether the regulations are in accord with the intent of the legislation under which they are made and do not have unforeseen consequences; (e) whether the regulations are unambiguous and drafted in a sufficiently clear and precise way; (f) whether the objective of the regulations could have been achieved by alternative and more effective means; (g) whether the regulator has assessed if the regulations are likely to result in costs, which outweigh the likely benefits, sought to be achieved.
Content of supporting reports Including: the name of the regulation; the name, position, telephone number and email address of a contact person who is familiar with the regulation; a statement that demonstrates the delegated authority has considered each of the Committee s scrutiny principles; the purpose of the regulation; the effect of each provision of the regulation;
Content of supporting report (cont.) If the regulation commences early the reason for its early commencement; unless the regulation increases fees or charges as part of the State budget the consultation that occurred before the regulation was made compiled using the following table: Item Person or agency consulted Feedback Action taken in response to feedback the outcome of consultation;
Content of supporting report (cont.) if a regulation includes a fee or charge or both, other than a fee or charge or both increased in a year in accordance with the indexation rate approved as part of the year s State budget include the following table for each fee or charge or both in the regulation: Item Provision of amended regulation Old fee or charge New fee or charge Percentage increase (or decrease) Reason for increase (or decrease) in fee or charge
