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2020/21 Membership Year

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Relevant legislation and LIV and/or government policy

Legal Profession (Practising Certificate Fees) Regulations 2012

The Regulations set fees for PCs and are due to sunset on 30 June 2017.

Legal Profession Uniform Law Application Act 2014

The new regulations for PC fees will be made under the Application Act, which sets out the process and relevant considerations which must be taken into account making regulations under the Act (see s 156 of the Application Act).

Subordinate Legislation Act 1994 and Guidelines

The Subordinate Legislation Act 1994 (SLA) sets out the processes and conditions under which regulations (amongst other forms of subordinate legislation) may be made in Victoria. The SLA is accompanied by Guidelines which provides further information on:

  • the preparation, content, publication and availability of statutory rules and legislative instruments; and
  • the procedures to be implemented and the steps to be undertaken for the purpose of ensuring consultation, co-ordination and uniformity in the preparation of statutory rules and legislative instruments.

The Guidelines also recommend that ‘[i]n exercising responsibilities and making judgements under the [SLA], officers should also draw on other relevant material such as the Victorian Guide to Regulation…and reports of SARC’.

Victorian Guide to Regulation

The Guide to Regulation is a broad policy document designed to be used by the Victorian Government to develop regulation and achieve ‘its vision of well-targeted, effective and appropriate regulation’.

Reports of SARC

The Scrutiny of Acts and Regulations Committee (SARC) is an all-party Joint House Committee which examines all Bills and subordinate legislation presented to the Parliament. It does not make any comments on the policy aspects of the legislation.

Generally, when Bills and subordinate legislation are presented to the SARC, it will undertake an inquiry process involving submissions, independent research, potential public hearings and preparation of Reports before the government itself is required to address the recommendations or findings in the Report.

Cost Recovery Guidelines

The Cost Recovery Guidelines clarifies the Victorian Government’s policy principles underpinning cost recovery arrangements, and seeks to provide a rigorous framework when considering, developing and/or reviewing cost recovery arrangements.

The Cost Recovery Guidelines seeks to establish a whole-of-government framework for ensuring that cost recovery arrangements in Victoria are ‘transparent, efficient, effective and consistent with legislative requirements and government policy’.