Regulatory Impact Statement

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    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.

    See details of the public consultation, including how to make a submission.

    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.

    See details of the public consultation, including how to make a submission.


    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.

    1. Draft NSW Trustee and Guardian Regulation 2017 [PDF, 230kb]
    2. Regulatory Impact Statement [PDF, 159kb]

    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.

    1. Draft Births, Deaths and Marriages Registration Regulation 2017 [PDF, 238kb]
    2. Regulatory Impact Statement [PDF, 97kb]

    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.

    1. Draft Young Offenders Regulation 2016 [PDF, 192kb]
    2. Regulatory Impact Statement [PDF, 193kb] 

    Submissions close at the end of the day on Friday, 8 July 2016.

    See details of the public consultation, including how to make a submission


    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, 89kbPDF, 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 or PDF, 117kb) 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:

    • 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.
    • Preserving the existing obligation of general managers to require that any practical limitations on providing inmates daily exercise are temporary.
    • Extending the role of Chaplains to include pastoral care to inmates, staff and their respective families to reflect the broader role fulfilled by Chaplains.
    • Clarifying that remand inmates must be allowed to receive visitors at least twice a week.
    • 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.
    • Clarifying that withdrawable privileges include the inmate’s ability to keep purchased or rented goods.
    • 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:

     

    2011 Regulatory Impact Statements



     

    2003 - 2010 Regulatory Impact Statements



     

    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:

    1. 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.

    2. 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