Frequently asked questions

Regulatory impact statements are normally required when a principal regulation is made, or when a regulation is to be remade under the staged repeal program. They are an effective means of raising public involvement in the regulation-making process, as they provide members of the community with the opportunity to comment on regulations, before they become law. The primary purpose of regulatory impact statements is to ensure that the economic and social costs and benefits of regulatory proposals are examined fully so that Ministers proposing the regulations and members of the community can be satisfied that the benefits of the regulations exceed the costs.

The Subordinate Legislation Act provides that regulations are automatically repealed five years after they are made, unless their repeal is postponed for a limited period. Any Minister wishing to re-introduce a regulation has to do so on the basis of a cost/benefit analysis. Under this mandatory review process, regulations which are outdated, unnecessary, inconsistent with other regulations, or which may result in a net cost to the community rather than a net benefit are gradually repealed.

The Subordinate Legislation Act requires a regulatory impact statement to contain:

• a statement of the objectives sought to be achieved by the regulation;
• an identification of the alternative options by which those objectives can be achieved;
• an assessment of the costs and benefits of the proposed regulation;
• an assessment of the costs and benefits of each alternative option;
• an assessment as to which of the alternative options involves the greatest net benefit or the least net cost to the community; and
• a statement of the consultation program to be undertaken

As part of the formal consultation phase required by the Subordinate Legislation Act, notices must be placed in the Government Gazette and at least one daily newspaper, advising people of the proposed regulation and where a copy of the regulatory impact statement and the proposed regulation may be obtained.

Any person may comment on the regulatory impact statement or the proposed regulation, within 21 days of the notice being published.

There is no set format for submissions. A short comment in a letter may be sufficient, or you may wish to prepare a more detailed submission on the proposal. It would be helpful if comments and submissions could address specific issues or proposals in the regulatory impact statement.

Submissions may be used by the Department of Justice in two ways:

• Copies of submissions are normally made available by the Department to other persons and organisations on request. This is because the review process is a public process.
• In preparing a Report, the Department will refer to submissions made in response to the regulatory impact statement.

If you would like your submission to be kept confidential please indicate this on your submission, or when making oral comments. Any request for a copy of a submission marked "confidential" will be determined in accordance with the Government Information (Public Access) Act 2009.

Submissions can be made in writing, or over the telephone. Our contact details are:

Post

Justice Policy

Department of Justice

GPO Box 6 SYDNEY NSW 2001

Email: Email address given in RIS

Telephone: (02) 8061 9229

Facsimile: (02) 8061 9370

DX: DX 1227 SYDNEY