This guide provides a helpful checklist outlining the minimum steps that must be taken to develop effective legislation. The checklist is intended to facilitate parliamentary scrutiny of the legislative development process. It represents best practice in terms of design, consultation and impact assessment. 

If the steps have not been followed – and a satisfactory explanation is not provided by Government – the legislation in question may produce undesirable outcomes, prove unworkable in practice or even be constitutionally unsound. It is vital that Parliament hold Government to account in this regard, in accordance with their respective constitutional roles, to ensure that Australian society is regulated sensibly and fairly.

Checklist steps

• Initial assessment
• Internal development
• Consultation
• Legal Considerations
• Parliamentary Scrutiny
• Implementation.