Terms of Reference

The terms of reference of the Legislation Design and Advisory Committee are to:

a.  provide advice to departments in the initial stages of developing legislation when legislative proposals and drafting instructions are being prepared, including to:

  • focus on significant or complicated legislative proposals, basic framework/design issues, instrument choice, consistency with fundamental legal and constitutional principles and impact on the coherence of the statute book;
  • assist departments with the allocation of provisions between primary, secondary and tertiary legislation;
  • provide advice on delegated legislative powers;
  • provide advice on the appropriateness of exposure draft Bills;

b.   report to the Attorney-General on departures from the Legislation Guidelines (2018 edition) in legislative proposals;

c.    advise the Attorney-General on any other topics and matters in the field of public law that the Attorney-General from time to time refers to it;

d.   help improve the quality of law-making by helping to ensure that legislation gives clear effect to government policy, ensuring that legislative proposals conform with the Legislation Guidelines (2018 edition) and discouraging the promotion of unnecessary legislation;

e.   scrutinise and make representations to the appropriate body or person on aspects of Bills which raise matters of particular public law concern;

f.    undertake training and education work, relating to the LDAC’s role and the Legislation Guidelines (2018 edition). 

 

Cabinet material relating to LDAC's establishment can be accessed here:

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