2022 Regulatory Impact Statements
Proposed Children and Young Persons (Care and Protection) Regulation 2022
The NSW Department of Communities and Justice is seeking comments on the consultation draft of the Children and Young Persons (Care and Protection) Regulation 2022 and Regulatory Impact Statement.
The Children and Young Persons (Care and Protection) Regulation 2022 remakes, with some amendments, the Children and Young Persons (Care and Protection) Regulation 2012, which is due for repeal on 1 September 2022.
There are three documents that you can read to understand the proposed changes:
Director, Civil Justice, Vulnerable Communities and Inclusion
Policy, Reform and Legislation
NSW Department of Communities and Justice
Locked Bag 5000
Parramatta NSW 2124
Please include the subject line ‘Staged Repeal of the Children and Young Persons (Care and Protection) Regulation 2012’ in your email or written submission.
The closing date for submissions is
Friday 22 July 2022.
2021 Regulatory Impact Statements
Drug Misuse and Trafficking Regulation 2021
The NSW Department of Communities and Justice is seeking comments on the consultation draft of the Drug Misuse and Trafficking Regulation 2021 and Regulatory Impact Statement.
The Drug Misuse and Trafficking Regulation 2021 remakes, with some amendments, the Drug Misuse and Trafficking Regulation 2011, which is due for repeal on 1 September 2021.
There are two documents that you can read to understand the proposed changes:
Submissions can be made by email to policy@justice.nsw.gov.au or by mail to:
A/Director, Law Enforcement and Crime
Policy, Reform and Legislation Branch
Department of Communities and Justice
GPO Box 31
Sydney NSW 2001.
The closing date for submissions is
Friday 16 July 2021.
2019 Regulatory Impact Statements
Dust Diseases Tribunal Regulation 2019
The NSW Department of Justice is seeking comments on the consultation draft of the Dust Diseases Tribunal Regulation 2019 and Regulatory Impact Statement.
The Dust Diseases Tribunal Regulation 2019 remakes, with some amendments including typographical and consequential changes, the Dust Diseases Tribunal Regulation 2013 which will be repealed on 1 September 2019.
There are two documents that you can read to understand the proposed changes. They are available in PDF and you can download them using the links below:
Submissions can be made by email to policy@justice.nsw.gov.au or by mail to A/Director, Civil Law, Justice Strategy and Policy, Department of Justice, GPO Box 31, Sydney NSW 2001.
The closing date for submissions is Friday 19 July 2019.
2017 Regulatory Impact Statements
Proposed Firearms Regulation 2017 and Weapons Prohibition Regulation 2017
The NSW Department of Justice, Office for Police is seeking comments on the consultation draft of the proposed Firearms Regulation 2017 and Weapons Prohibition Regulation 2017 and Regulatory Impact Statement.
There are three documents that you can read to understand the proposed changes. They are available in PDF and you can download them using the links below.
The Regulatory Impact Statement and both Regulations are also available by email or mail request from the Office for Police.
Submissions close at the end of the day on Monday, 31 July 2017.
Proposed Criminal Procedure Regulation 2017
The NSW Department of Justice is seeking comments on the public consultation draft of the proposed Criminal Procedure Regulation 2017 and Regulatory Impact Statement.
There are two documents that you can read to understand the proposed changes. They are available in PDF and you can download them using the links below.
Submissions close at the end of the day on Wednesday, 26 July 2017.
Proposed NSW Trustee and Guardian Regulation 2017
The NSW Department of Justice is seeking comments on the public consultation draft of the proposed NSW Trustee and Guardian Regulation 2017 and Regulatory Impact Statement.
The object of the proposed NSW Trustee and Guardian Regulation 2017 is to remake, with minor amendments, the provisions of the existing NSW Trustee and Guardian Regulation 2008.
There are two documents you can read to help you understand the changes. You can download them in PDF from the links below.
- Draft NSW Trustee and Guardian Regulation 2017 [PDF, 230kb] (PDF, 230.6 KB)
- Regulatory Impact Statement [PDF, 159kb] (PDF, 159.5 KB)
Submissions have now closed and are available for download:
Proposed Births, Deaths and Marriages Registration Regulation 2017
The NSW Department of Justice is seeking comments on the public consultation draft of the proposed Births, Deaths and Marriages Registration Regulation 2017 and Regulatory Impact Statement.
There are two documents that you can read to understand the proposed changes. They are available in PDF and you can download them using the links below.
- Draft Births, Deaths and Marriages Registration Regulation 2017 [PDF, 238kb] (PDF, 239.5 KB)
- Regulatory Impact Statement [PDF, 97kb] (PDF, 96.9 KB)
Submissions have now closed and are available for download:
2016 Regulatory Impact Statements
Proposed Young Offenders Regulation 2016
The NSW Department of Justice is seeking comments on the public consultation draft of the proposed Young Offenders Regulation 2016 and Regulatory Impact Statement.
There are two documents that you can read to understand the proposed changes. They are available in PDF and you can download them using the links below.
- Draft Young Offenders Regulation 2016 [PDF, 192kb] (PDF, 192.2 KB)
Submissions close at the end of the day on Friday, 8 July 2016.
2015 Regulatory Impact Statements
Proposed Children (Detention Centres) Regulation 2015 and Regulatory Impact Statement
The NSW Department of Justice sought comments on the public consultation draft of the proposed Children (Detention Centres) Regulation 2015 (PDF, 429kb) and accompanying Regulatory Impact Statement (RIS) (docx, 89kb; PDF, 92kb).
Submissions closed on Wednesday 29 July 2015 and are available for download:
The final Regulation has now been made: Children (Detention Centres) Regulation 2015.
The RIS examined the need for regulation and its costs and benefits. The RIS also outlined the changes that were proposed for the new Regulation. In addition to the changes outlined in the RIS, the final Regulation includes the following changes:
- inclusion of a definition of 'prohibited goods'
- replacement of the term 'contraband' with the term 'prohibited goods'
- two minor technical amendments that were identified as necessary when finalising the Regulation.
2014 Regulatory Impact Statements
Proposed Crimes (Administration of Sentences) Regulation 2014 and Regulatory Impact Statement
The NSW Department of Justice sought comments and submissions on a draft Crimes (Administration of Sentences) Regulation 2014 (PDF, 698kb) . Submissions closed on 31 July 2014, and are available for download:
The final regulation has now been made - Crimes (Administration of Sentences) Regulation 2014.
A Regulatory Impact Statemen t (RIS) (Word, 136kb (DOCX, 147.2 KB) or PDF, 117kb (PDF, 121.3 KB)) was prepared examining the need for regulation and its costs and benefits. The RIS also outlined the changes contained in the draft Regulation.
In addition to the changes outlined in the Regulatory Impact Statement, the final Regulation includes the following additional changes:
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Including the proximity of the correctional centre to the inmate’s family members as an additional factor that the Commissioner may consider when making decisions about placement.
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Preserving the existing obligation of general managers to require that any practical limitations on providing inmates daily exercise are temporary.
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Extending the role of Chaplains to include pastoral care to inmates, staff and their respective families to reflect the broader role fulfilled by Chaplains.
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Clarifying that remand inmates must be allowed to receive visitors at least twice a week.
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Clarifying that the Commissioner may approve a list of items for purchase and/or rent at a correctional centre and that goods hired by an inmate must be returned to the general manager following the inmate’s release from custody.
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Clarifying that withdrawable privileges include the inmate’s ability to keep purchased or rented goods.
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Miscellaneous changes to existing terminology to reflect current practice.
2013 Regulatory Impact Statements
‘Proposed Dust Diseases Tribunal Regulation 2013 - Regulatory Impact Statement’ ( Word, 276kb or PDF, 242kb), and Proposed Dust Diseases Tribunal Regulation 2013 [PDF, 695kb] - Submissions are now closed. Public submissions are available for download:
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- Asbestos Injuries Compensation Fund Limited (Word, 50kb) (DOC, 57.5 KB)
- Comcare (PDF, 2133kb) (PDF, 2.1 MB)
- DLA Piper (PDF, 1109kb) (PDF, 1.1 MB)
- Holman Webb (PDF, 108kb) (PDF, 107.8 KB)
- Insurance Council of Australia (PDF, 83kb) (PDF, 83.3 KB)
- James Hardie (PDF, 83kb) (PDF, 89.2 KB)
- Maurice Blackburn (PDF, 171kb) (PDF, 171.7 KB)
- Slater and Gordon (PDF, 481kb) (PDF, 485.0 KB)
- Unions NSW (PDF, 183kb) (PDF, 188.7 KB)
2011 Regulatory Impact Statements
- Drug Misuse and Trafficking Regulation 2011 - Regulatory Impact Statement [Word, 288kb] (DOC, 295.0 KB) and draft Drug Misuse and Trafficking Regulation 2011 [PDF, 461kb] (PDF, 453.4 KB) - submissions closed 3 August 2011
- Births, Deaths and Marriages Registration Regulation Regulatory Impact Statement [PDF, 122kb] (DOC, 220.5 KB) and Births, Deaths and Marriages Registration Regulation 2011 [PDF, 322kb] (PDF, 316.4 KB) - submissions closed 21 July 2011.
2003 - 2010 Regulatory Impact Statements
- Criminal Procedure Regulation 2010 - Regulatory Impact Statement [Word, 288kb] (DOC, 296.0 KB) and Draft Criminal Procedure Regulation 2010 [PDF, 1084kb] (PDF, 1.0 MB). Submissions closed 6 August 2010.
- Drug Court Regulation 2010 - Regulatory Impact Statement [Word doc, 248kb] (DOC, 254.5 KB) and draft Drug Court Regulation 2010 [PDF, 255kb] (PDF, 251.2 KB). Submissions closed 25 June 2010.
- Young Offenders Regulation Regulatory Impact Statement [Word doc, 2117kb] (DOC, 2.0 MB) and Young Offenders Regulation 2010 [PDF, 443kb] (PDF, 432.9 KB) - submissions closed 6 May 2010.
- Civil Liability Regulation Regulatory Impact statement [Word doc, 713kb] (DOC, 696.5 KB) and draft Civil Liability Regulation 2009 [PDF, 198kb] (PDF, 194.9 KB) - submissions closed 29 July 2009.
- Public Trustee Regulatory Impact Statement [Word doc, 421kb] (DOC, 424.5 KB) and draft Public Trustee Regulation 2008 [PDF, 346kb] (PDF, 340.7 KB) - submissions closed 9 June 2008.
- Births, Deaths and Marriages Registration Regulatory Impact Statement [Word doc, 122kb] (DOC, 131.0 KB) and draft Birth, Deaths and Marriages Regulation 2006 [PDF, 310kb] (PDF, 304.7 KB) - submissions closed 24 July 2006.
- Drug Misuse and Trafficking Regulation - Regulatory Impact Statement [Word doc, 288kb] (DOC, 253.0 KB) and draft Drug Misuse and Trafficking Regulation 2006 [PDF, 461kb] (PDF, 373.7 KB) - submissions closed 24 July 2006.
- Law Enforcement (Powers and Responsibilities) Regulation Regulatory Impact Statement [Word doc, 309kb] (DOC, 312.5 KB) and draft Law Enforcement (Powers and Responsibilities) Regulation 2005 [PDF, 982kb] (PDF, 964.7 KB) - submissions closed 12 November 2005.
- Drug Court Regulation - Regulatory Impact Statement [Word doc, 278kb] (DOC, 282.5 KB) and draft Drug Court Regulation 2005 [PDF, 230kb] (PDF, 226.5 KB) - submissions closed 1 August 2005.
- Criminal Procedure Regulation - Regulatory Impact Statement [Word doc, 270kb] (DOC, 276.5 KB) and draft Criminal Procedure Regulation 2005 [PDF, 795kb] (PDF, 782.8 KB) - submissions closed 20 July 2005.
- Land and Environment Court Regulation - Regulatory Impact Statement [Word doc, 217kb] (DOC, 225.0 KB) and draft Land and Environment Regulation 2005 [PDF, 280kb] (PDF, 275.5 KB) - submissions closed 18 June 2005.
- Civil Procedure Regulation - Regulatory Impact Statement [Word doc, 120kb] (DOC, 129.5 KB) and draft Civil Procedure Regulation 2005 [PDF, 387kb] (PDF, 383.0 KB) - submissions closed 11 July 2005.
- Criminal Records Regulation - Regulatory Impact Statement [Word doc, 215kb] (DOC, 221.5 KB) and draft Criminal Records Regulation 2004 [PDF, 51kb] (PDF, 51.0 KB) - submissions closed 26 July 2004.
- Administrative Decisions Tribunal (General) Regulation - Regulatory Impact Statement [Word doc, 386kb] (DOC, 389.0 KB) and draft Administrative Decisions Tribunal (General) Regulation 2004 [PDF, 67kb] (PDF, 67.2 KB) - submissions closed 23 July 2004.
- Young Offenders Regulation - Regulatory Impact Statement [Word doc, 383kb] (DOC, 386.0 KB) and draft Young Offenders Regulation 2004 [PDF, 64kb] (PDF, 63.1 KB) - submissions closed Monday 12 July 2004.
- Professional Standards Regulation 2004 Regulatory Impact Statement [Word doc, 228kb] (DOC, 234.0 KB) and draft Professional Standards Regulation 2004 [PDF, 33kb] (PDF, 34.6 KB).
- Civil Liability Regulation 2003 - Regulatory Impact Statement [Word doc, 56kb] (DOC, 64.5 KB).
- Wills, Probate and Administration Regulation 2003 Regulatory Impact Statement [Word doc, 76kb]) (DOC, 84.0 KB). The draft Regulation is available for download as a pdf file - Draft Wills, Probate and Administration Regulation 2003 [PDF, 44kb] (PDF, 43.8 KB).
- Protected Estates Regulation 2003 Regulatory Impact Statement [PDF, 435kb] (PDF, 423.0 KB) and draft Protected Estates Act Regulation 2003 [PDF, 55kb] (PDF, 55.2 KB).
- Justices of the Peace Regulation 2003 - Regulatory Impact statement [PDF, 46kb] (PDF, 48.4 KB) or Justices of the Peace Regulation 2003 - Regulatory Impact Statement (DOC, 1.8 MB) and draft Justices of the Peace Regulation 2003 [PDF, 27kb] (PDF, 29.1 KB).
What is a the purpose of a Regulatory Impact Statement?
Regulatory impact statements are normally required when a principal regulation is made, or when a regulation is to be remade under the staged repeal program. They are an effective means of raising public involvement in the regulation-making process, as they provide members of the community with the opportunity to comment on regulations, before they become law. The primary purpose of regulatory impact statements is to ensure that the economic and social costs and benefits of regulatory proposals are examined fully so that Ministers proposing the regulations and members of the community can be satisfied that the benefits of the regulations exceed the costs.
The Subordinate Legislation Act provides that regulations are automatically repealed five years after they are made, unless their repeal is postponed for a limited period. Any Minister wishing to re-introduce a regulation has to do so on the basis of a cost/benefit analysis. Under this mandatory review process, regulations which are outdated, unnecessary, inconsistent with other regulations, or which may result in a net cost to the community rather than a net benefit are gradually repealed.
What Information is Provided in a Regulatory Impact Statement?
The Subordinate Legislation Act requires a regulatory impact statement to contain:
- a statement of the objectives sought to be achieved by the regulation;
- an identification of the alternative options by which those objectives can be achieved;
- an assessment of the costs and benefits of the proposed regulation;
- an assessment of the costs and benefits of each alternative option;
- an assessment as to which of the alternative options involves the greatest net benefit or the least net cost to the community; and
- a statement of the consultation program to be undertaken.
Can I comment on a Regulatory Impact Statement?
As part of the formal consultation phase required by the Subordinate Legislation Act, notices must be placed in the Government Gazette and at least one daily newspaper, advising people of the proposed regulation and where a copy of the regulatory impact statement and the proposed regulation may be obtained.
Any person may comment on the regulatory impact statement or the proposed regulation, within 21 days of the notice being published.
How should a submission be set out?
There is no set format for submissions. A short comment in a letter may be sufficient, or you may wish to prepare a more detailed submission on the proposal. It would be helpful if comments and submissions could address specific issues or proposals in the regulatory impact statement.
How will my submission be used?
Submissions may be used by the Department of Justice in two ways:
- Copies of submissions are normally made available by the Department to other persons and organisations on request. This is because the review process is a public process.
- In preparing a Report, the Department will refer to submissions made in response to the regulatory impact statement.
Can my submission be kept confidential?
If you would like your submission to be kept confidential please indicate this on your submission, or when making oral comments. Any request for a copy of a submission marked "confidential" will be determined in accordance with the Government Information (Public Access) Act 2009.
How do I send a submission?
Submissions can be made in writing, or over the telephone. Our contact details are:
Post
Justice Policy
Department of Justice
GPO Box 6 SYDNEY NSW 2001
Email: Email address given in RIS
Telephone: (02) 8061 9229
Facsimile: (02) 8061 9370
DX: DX 1227 SYDNEY