Assessment
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Shadow SPI: Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024

Publisher
Legislation Policy analysis Regulatory enforcement Law reform Animal welfare New South Wales
Description

The object of the Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 is to—

  1. amend the Prevention of Cruelty to Animals Act 1979 (the POCTA Act) and the Prevention of Cruelty to Animals Regulation 2012 to expand and improve the transparency of animal welfare enforcement, and
  2. amend the Government Information (Public Access) Regulation 2018 to declare a charitable organisation approved by the Minister (an approved charitable organisation) as a public authority under the Government Information (Public Access) Act 2009 (the GIPA Act), and
  3. amend the Ombudsman Regulation 2016 to declare an approved charitable organisation as a public authority under the Ombudsman Act 1974 (the OA), and
  4. make consequential amendments to certain Acts and a regulation.

This document evaluates the Government's 'Statement of Public Interest (SPI)' that makes the case for legislative reform.

The assessments find that the Government SPI is adequate in one case and an example of good practice in the other. The provisions in the Bill are indicative of sound policy making as—informed by extensive stakeholder consultation and Parliamentary Inquiries—they appropriately mitigate unwanted consequences while satisfying the public interest to increase the transparency of Approved Charitable Organisations in enforcing the Prevention of Cruelty to Animals Act and improving animal welfare protections more generally. While the Government SPI alludes to some of these considerations in the creation of the Bill, it does not provide nearly enough detail on the critical points to best inform Members on how to treat the Bill. For example, the need for the Bill is never clearly articulated, nor is a comprehensive analysis of alternate policy options as necessary to support what is proposed in the Bill. Although this Government SPI is adequate for its purposes, it could be vastly improved with keener attention paid to the inclusion of the policymaking processes which evidence its merit.

Assessment: Adequate

Publication Details
Access Rights Type:
open