7.1 Considering FLPs

Fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law ( Legislative Standards Act 1992, s. 4(1)). The principles include requiring that legislation has sufficient regard to the rights and liberties of individuals and to the institution of Parliament.

OQPC has a statutory responsibility to advise in relation to the application of fundamental legislative principles in drafting legislation ( Legislative Standards Act 1992, s. 7). The Scrutiny of Legislation Committee has a statutory responsibility to comment on the application of fundamental legislative principles to particular Bills and particular subordinate legislation ( Parliament of Queensland Act 2001, s. 103(1)).

Explanatory notes for Bills and significant subordinate legislation are required to contain a brief assessment of the consistency of the legislation with fundamental legislative principles and, if the Bill or subordinate legislation is inconsistent with fundamental legislative principles, the reasons for the inconsistency ( Legislative Standards Act 1992, ss. 23(1)(f) and 24(1)(i)).

This chapter provides some practical guidance on the application of the fundamental legislative principles. For more information on the application of fundamental legislative principles in the drafting of legislation, contact OQPC or consult the Alert Digests of the Scrutiny of Legislation Committee (see www.parliament.qld.gov.au/view/committees/SLC.asp (external link) ).

The Legislative Standards Act 1992, section 4(3) specifies some of the matters that should be considered in deciding whether legislation has sufficient regard to the rights and liberties of individuals. These are considered below in Chapters 7.2.1-7.2.11. Chapter 7.2.12 considers some other matters that are relevant to the rights and liberties of individuals.

The Legislative Standards Act 1992, section 4(4) and (5) specifies some of the matters that should be considered in deciding whether legislation has sufficient regard to the institution of Parliament. These are considered below in Chapters 7.3.1-7.3.8. Chapter 7.3.9 considers some other matters that are relevant to the institution of Parliament.

Chapter 7.4 contains a practical application of fundamental legislative principles in an examination of inspectorial powers.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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