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representing the governing coalition and its political supporters. A government
majority would almost always be guaranteed to defeat a disallowance motion. It is
not surprising, therefore, that no regulations have ever been disallowed. Would an
independent office of Parliamentary Commissioner be seen as providing a more
transparent check in the area of delegated legislation? These are issues, I suggest,
that merit consideration by law reformers.
The practice in other jurisdictions
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I have outlined mechanisms peculiar to New Zealand. Other jurisdictions adopt
different approaches. Queensland has in place a system that involves constant
assessment of legislative proposals against fundamental legislative principles during
the policy development, drafting, and parliamentary processes. The system is
designed to ensure that fundamental legislative principles underpin Queensland
legislation and that departure from them is explained and justified. The system
involves evaluation within government in much the same way as New Zealand, but
at its heart are 2 statutes.
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The first is the Legislative Standards Act 1992. The Title of the Act describes it as
an Act relating to standards of legislation, the drafting of legislation, and other
purposes relating to legislation. Section 3 states that the purposes of the Act include
ensuring that
Queensland legislation is of the highest standard
an effective and efficient legislative drafting service is provided for
Queensland legislation
Queensland legislation, and information relating to it, is readily
available in printed and electronic form.
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The Act then goes on to state that those purposes are primarily to be achieved by
establishing the Office of the Queensland Parliamentary Counsel. Rather a lot to ask