Archive: Subordinate Legislation
Last Updated 29/3/10
(23/12/09 - SG) EVERYBODY needs to read this attempt to remove requirements for notice, consultation and risk assessment in all walks of life
The Subordinate Legislation Act 1994 currently sets out
the process for the preparation of regulations (known as statutory rules), including
a regulatory impact statement (RIS), consultation, scrutiny and publication of the
rules.
Changes are proposed and there are hundreds of them. They affect people from all walks of life - teachers, health, legal profession, State projects, planning, environment, and so on. As far as is known, the changes seem to relate to giving Ministers powers to act where they currently can't without meeting accountability standards. The changes seem intended to wind back those standards and other requirements by, for example, allowing Ministers to act without giving notice or consulting or having to undertake Risk Impact Assessments. One example is a power to acquire land before it is identified in a planning scheme so major projects won't be held up, and another is to declare a place a 'growth area' by simply publishing an announcement in the government gazette.
Relevant documents can be viewed or downloaded from the link below (Dept of Premier and Cabinet website). Appendix B lists the changes proposed (all 146 pages of them!)
http://www.dpc.vic.gov.au/CA256D8000265E1A/page/Listing-Home+Page+News-Reducing+the+Regulatory+Burden%3a+Public+consultation+on+amendments+to+the+Subordinate+Legislation+Act+1994!OpenDocument
MRRA Says:
Another example of a government that doesn't want any restrictions on doing anything it (or the development industry) wants, and so sneakily executed.
Nobody can afford to ignore these proposed changes, because they are far-reaching and seem designed to remove a government's responsibility to consult, and people's rights to know, without anyone noticing it happening.
You could be forgiven for suspecting these proposals were intended to have a high level of obscurity. Exhibition coincides with Christmas and holidays, but the government can reasonably be blamed for that - after all, the public didn't choose this timing.
There are now 3 important documents with submissions due in early February - the State Planning Policy Framework, the Planning and Environment Act review, and this. Smells a bit like a clever-dick plot, doesn't it, to get er, things, done with a minimum of democratic fuss and scrutiny... and accountability.
Our thanks to a vigilant resident for setting the alarm bells off on this one.