2.2 Is a new law needed

Policy may be implemented in many ways that may or may not require legislation. For example, it may be preferable to make agreements or industry codes of practice to implement a policy. There must be significant reasons for choosing to implement a policy through an Act of Parliament. These reasons may include:

• existing rights and obligations must be modified and this may only be done effectively by unilateral intervention of the Parliament
• a significant policy objective may be to ensure permanency for the policy to be implemented and this may only be achievable by an Act of Parliament
• the high level of importance given to the policy by the government may indicate that an Act of Parliament is the appropriate way to present the policy to the community.

The following matters suggest that an Act not be used to implement policy:

• the policy does not involve modification of existing rights and obligations
• the policy is purely administrative in character
• the policy is not of sufficient significance to justify it being given permanency in an Act of Parliament.

The Queensland Cabinet Handbook requires that an Authority to Prepare a Bill submission include justification for legislation as the most appropriate means of proceeding.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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