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Matters Proposed for Disclosure

We have similar ambitions for the quality of delegated legislation as we do for primary legislation. Nonetheless, the key concerns for delegated legislation are not always the same as for Bills. It is far less likely, for example, that delegated legislation will be inconsistent with important legislative principles, independently of its empowering Act. However, quality assurance products and processes take on more importance because delegated legislation does not have to go through a challenging select committee process that is informed by public submissions.

The following subset of proposed disclosures for Bills, relating almost entirely to quality assurance processes, seems the most highly relevant to delegated legislation.

Disclosure Statement:  Application to Delegated Legislation

(Limited to Legislative Instruments Drafted by PCO)

1:  A General Statement of the Policy that the Instrument Seeks to Achieve

General nature of proposed disclosure:

  • Describe the policy that the Instrument seeks to achieve

Legislate for this?

Yes

2:  Established Quality Assurance Products (plus Supporting Information)

Products/Information Proposed for Disclosure

Published Reviews or Evaluations (Background Information)

Regulatory Impact Statement (QA Product)

Independent Assessment of RIS (QA Product)

International Agreement (Treaty) Text (Background Information)

National Interest Analysis for Treaties (QA Product)

General nature of proposed disclosure:

  • Indicate whether QA product or support information exists
  • Provide (or provide link to) QA product or support information

Legislate for this?

Yes

Yes

3:  Existing QA Expectations (Lacking A Specific Process Or Product)

QA Response Proposed for Disclosure

Testing of Draft Legislation

Consultation

General nature of proposed disclosure:

  • Describe the nature and extent of action taken, if any, by the government relating to the relevant QA expectation
  • (for the consultation item only) describe the nature and extent of feedback received

Legislate for this?

Yes

No (needs testing)

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