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Conference paper – Australian PCC/CALC (Pacific Region) Conference, April 2018

The legislative ecosystem was analysed in a paper presented to a recent conference in Canberra, Australia by Campbell Duncan.  The conference, Towards 2050: Drafting for the 21st Century, was organised by the Australasian Parliamentary Counsel’s Committee in association with the Commonwealth Association of Legislative Counsel (Pacific Region).

We will have more to say about the legislative ecosystem in a forthcoming Newsletter.

Local Government Act review (Victoria)

The Local Government Act 1989 (Vic) is under review by the Victorian State Government.  An exposure draft has now been released a Local Government Act 2018 now looks likely.  Duncan Lawyers contributed to the review process with preparation of a discussion paper. It can be downloaded from the Local Government Act review website.  The following is a summary:

The Rights of Ratepayers – Campbell Duncan

This paper, prepared by Campbell Duncan, Principal of Duncan Lawyers and formerly Manager of Legislation, the Department of Local Government, unpacks and explores the legal context of local government decision-making and local governments place as a statutory decision-maker. Part A examines a number of issues in respect of the decision-making processes of local government, particularly as it relates to public participation. Part B examines recent developments in regulatory reform generally with particular regard to enforcement and legislative instruments and how this has effected the Local Government Act 1989. Part C then goes on to discuss a number of specific issues and makes a number of recommendations for possible reform.

Best Practice Guide to Tribunal Independence in Appointments

A Discussion Paper has been released (May 2015) by the Council of Australasian Tribunals Inc (COAT), setting out proposals for a Best Practice Guide to Tribunal Independence in Appointments.  The Best Practice Guide will propose a set of key principles to support tribunal independence in the areas of member recruitment, appointment, reappointment and remuneration.

The principles are intended for use as standards to evaluate actual provisions and practices, to guide the development of new tribunal legislation and amendments, and to educate and raise awareness about tribunal independence.  The Guide will include sample legislative provisions illustrating how the principles might be implemented in tribunal legislation in future.  More information is available from the COAT website.

The Discussion Paper was prepared for COAT by Professor Pamela O’Connor of the University of the Sunshine Coast.  The sample legislative provisions were prepared by Campbell Duncan.

Universities as law-makers

Our February 2015 Newsletter is a university legislation special issue. It examines the concept of university legislation and the relationship between Acts and the two levels of subordinate legislation made under them.  Also included is a table of University governance instruments, setting out their important features.  The Newsletter can be downloaded from our newsletters page.

Paper presented in Singapore

What is the difference between primary and secondary legislation — is there a functional difference or is the allocation of provisions between the two just the outcome of process?   One can’t always generalise, but that didn’t stop us trying at a conference in Singapore (2012).  More about this on our publications page.