Queensland Law Society

2019 Call to Parties Statement

13. Commonwealth law reform processes

The Australian Government is responsible for making laws across a wide range of areas and which have effect on the lives and livelihoods of Australians. The Government should make good laws and policies that:
  • Are grounded in cogent evidence
  • Are clearly drafted and provide certainty to affected individuals
  • Are the result of proper consultation processes (such as those employed by the Australian Productivity Commission and Australian Law Reform Commission)
  • Serve the long-term interests of the Australian community.

Queensland Law Society calls for a commitment to:

  1. evidence-based policy-making
  2. implement a comprehensive consultation process for the formation of legislation. This process should include a one-month stakeholder consultation period (excluding the Christmas and New Year period) prior to the introduction of a bill in Parliament, with any departures from the process documented and tabled in Parliament
  3. all bills being referred to Parliamentary Committees and that Parliamentary Committees are allowed at least two months from the date of referral to provide their report
  4. the provision of complete Explanatory Memoranda including comprehensive justification for a bill’s deviation from the fundamental principles of law, common law protections and established rules of international law and custom
  5. provide bills in tracking where bills propose amendments to existing legislation.
  6. avoid the use of omnibus bills or to ensure that omnibus bills only contain bills of similar subject matter
  7. reasonable consultation on new subordinate legislation and significant amendment to existing subordinate legislation.

 

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