Legislation governing Victoria’s regulators can vary significantly in provisions covering the same topic. While some variations are justified and reflect the different needs of regulators and regulated parties, many are unnecessary, causing confusion for regulators and frustration for businesses.
The Department of Treasury and Finance has consulted departments, regulators, and the Office of the Chief Parliamentary Counsel (OCPC) to develop best practice guidance on key regulatory issues. These provisions represent modern, effective approaches that align with best practice and foster consistency across Victoria's regulatory environments.
Guidance on Adopting Model Legislative Provisions
The Guidance on Adopting Model Legislative Provisions documents are tools for policymakers working with OCPC on new or amended legislative provisions. They outline important conceptual and legislative considerations and include model provisions developed by OCPC. The documents cover key topics, including Fit and Proper Tests, information sharing and regulatory powers.
Policymakers can ensure they are developing legislative provisions that suit their needs, align with best practice and promote consistency across Victoria’s regulatory environments.
Fit and Proper Tests
Fit and Proper Tests are assessments used to prevent inappropriate applicants being granted permission to undertake a regulated activity. The Guidance on Adopting Model Provisions: Fit and Proper Tests has used a broad definition of ‘fit and proper’ covering most aspects of regulatory pre-screening.
Information sharing and confidentiality
The 'Guidance on Adopting Model Legislative Provisions: Information sharing and confidentiality' supports the development of information sharing schemes and promotes confidence in sharing information appropriately.
Additional topics
Guidance on Adopting Model Provisions documents for additional topics are being developed and will be published progressively throughout 2025.
Topics under development include Regulator Toolkits, Appointment of Authorised Officers, Service of Documents, Commencing Legal Proceedings and Governance.
Delegations Guidance Note
This document supports policymakers in identifying powers that may be appropriate for delegation, as well as the scope of the delegation (broad or narrow), and is designed to be read alongside the other guidance.
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