1.20 The following principles are to be applied by policy makers, instructing agencies and drafters when developing legislation:
- (a) consider all implementation options—don't legislate if you don't have to;
- (b) when developing policy, reducing complexity and unnecessary regulation is a core consideration;
- (c) laws need be no more complex than is necessary to give effect to policy;
- (d) those affected by the legislation are able to understand how the law applies to them; and
- (e) continual assessment of the clarity of a proposed law is desirable—from policy development through to consideration by the Parliament (for Acts) or consideration by the rule-maker (for legislative instruments).
DEVELOPING A BILL
1.21 The following persons, committees and agencies have a role in the legislation process. The terms and acronyms used to describe these participants in the process are used throughout this handbook.
- Departmental instructing officer—for each bill, a senior officer from the instructing department is required to act as the main point of contact with OPC, to instruct on the bill and to clear drafts of the bill prepared by OPC. The officer must have a thorough understanding of the policy that is to be implemented, knowledge of the legislation and sufficient authority to make on-the-spot decisions on most issues that will arise during the drafting process. This officer is also required to ensure that policy approval is sought for all measures contained in the bill, drafting instructions are issued and all necessary supporting material for the bill is prepared (see paragraph 6.5).
- Departmental Legislation Liaison Officer (LLO)—each department is required to nominate an officer to be its LLO for all legislation. That person is the principal contact on all general matters concerning the processes of preparation, approval and passage of legislation for that department. The LLO is the primary departmental contact for the Legislation Section in PM&C and the Parliamentary Liaison Officers regarding programming of legislation in the Parliament. The Legislation Section in PM&C maintains a list of all LLOs.
- First Parliamentary Counsel (FPC)—the head of the Office of Parliamentary Counsel.
- Instructing department—the department responsible for coordinating and progressing proposed legislation or amendments to existing legislation, referred to throughout as 'the department' (see definition of departmental instructing officer above and paragraphs 5.5 to 5.8).
- Legislation Section—the section in PM&C which coordinates the legislation programme; prepares papers for the Parliamentary Business Committee of Cabinet on the legislation programme; prepares submissions to the minister nominated by the Prime Minister for the legislation approval process (referred to in this handbook as the Legislation Minister); and coordinates advice on minor policy proposals to the Prime Minister or the Legislation Minister.
