2.9 Timetable

Well-drafted laws are generally not conceived and drafted within a short period of time. A Bill, particularly a large, complex or controversial Bill, can take a long period to complete.

It may take a year or more for a medium-sized Bill to be developed (that is, from being originally conceived to obtaining Cabinet's approval to prepare the Bill). Large, complex or controversial Bills may take a very long time. While it may be a relatively swift task to identify the broad parameters of a Bill, it is a much lengthier task to identify the detail of a Bill in a way that ensures its objectives are achieved in a practical, effective and efficient way.

In establishing a timetable for putting into place a new legislative scheme, sensible provision must be made for every step of the process. This involves consideration of realistic time periods for:

• initial development of policy
• consultation, both within and outside government, as required (in particular as required by The Queensland Cabinet Handbook) and as otherwise considered appropriate
• departmental and Ministerial approval of the Cabinet Authority to Prepare a Bill submission, including preparation of the drafting instructions for the Bill
• Cabinet approval of the Authority to Prepare a Bill submission
• drafting
• final consultation
• final drafting and preparation of the Bill for introduction, including preparation of the explanatory notes for the Bill
• departmental and Ministerial approval of the Cabinet Authority to Introduce a Bill submission
• Cabinet approval of the Authority to Introduce a Bill submission
• passage through the Parliament
• subsequent commencement and implementation.

Provision of appropriate periods of time for all of these steps is essential for the effective and efficient progressing of the legislative scheme.

Experience suggests that, unless a Bill is given particular priority, the following time periods for drafting alone tend to emerge as a matter of fact:

• for a small Bill (20 pages or less) - 3 months
• for a medium Bill (21-90 pages) - 6 months
• for a large Bill (over 90 pages) - 12 months.

In allowing sufficient time for the drafting of the Bill, it must also be remembered that the priority given to the drafting of the Bill depends on the Bill's priority at a whole-of-government level.

Drafting time also depends heavily on the condition of the drafting instructions. Detailed, well-considered drafting instructions will repay the initial cost of time and resources in their preparation by minimising the drafting time needed to produce a final draft (see Chapter 3).

Well-drafted laws, which can be expected to result from an appropriate preparation period, bring other rewards to government and the community generally. They are easily understood (and so generally attract a higher level of compliance because people better understand what the law requires of them) and offer certainty in their application.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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