Duncan Lawyers


Duncan Lawyers Newsletter

Our newsletter covers current issues relating to governance and regulation.  Some issues deal with specific themes or sectors.

July 2018

A functional analysis of legislation

Legislation is forward-looking.  This affects its design and its function.  In this newsletter we propose classification of legislation, including command and control legislation and Acts conferring, referring or ceding power.  Deferral of decision-making - good or bad?  Does size matter?


October 2017

Holistic interpretation of legislation

An Act is more than an collection of legislative provisions assembled around a topic.  It should be interpreted holistically, so that its true meaning can be ascertained.  This issue of DL Newsletter looks at some aspects of holistic interpretation.  What’s in a name?  What is to be made of examples?  Are schedules legislative over-reach: how are they to be interpreted?


February 2015 (edition 8)

February 2015 (edition 8)

University legislation special issue

Universities as law-makers, legislative hierarchy, what are regulations good for?, university governance instruments. Included is a table of university governance instruments, their important features and responsible entities.  Read more in our February 2015 DL Newsletter.

December 2011 (edition 7)

December 2011 (edition 7)

The morning after ...

The Scrapping of local laws  ... public participation in the process of making primary legislation – comments on the Indonesia’s Law on Making Laws 2011 ... utility infrastructure in road reserves (going back 60 years) ... road encroachments (going back 4,000 years) ... regulatory burden and the legal profession – how did this happen? ... road administration: identifying the stakeholders.

January 2011 (edition 6)

January 2011 (edition 6)

Promise - and delivery

Victoria's Subordinate Legislation Amendment Bill (its name promised little: what does it deliver?) ... New Zealand's three-yearly revision program (the name promises much: what does it deliver?) ... statutory objectives - what are we trying to achieve here? ... Indonesia's local law scrapheap - which local laws are cancelled, and why, a listing of issues to be addressed.

Earlier newsletters:

July 2010 (edition 5): Infrastructure and its regulatory environment:  Infrastructure and its regulatory framework (why regulate?) ... UK Guidance on Regulation - who is the target audience for this Guidance? ... legislation as the framework for regulatory decisions –regulatory substance and regulatory governance.

April 2010 (edition 4):  Calling all “instrument makers” ... Parliamentary Bills – some statistics on who drafts what, and why ... evaluating draft legislation – the Quebec system ... fee regulation, market failure and “moral hazards”

November 2009 (edition 3):  Consultation at all phases of the legislation cycle – a whole of Government approach to consultation ... Legislation implements policy – say so! (three reasons why articulation of policy objectives is desirable) ... the distinction between laws and their administration – the VCEC Inquiry into Streamlining Local Government Regulation.

 June 2009 (edition 2):  What is legislation?  The Australian Legislative Instruments Act concept of an instrument of a legislative character ...  Rethinking Legislation — a continuation of earlier thinking, and the Government's “final response” to the report.

October 2008 (edition 1): Indonesian law making challenges - the impact, and the potential, of the Law on Making Laws 2004 in the era of decentralisation ... cancellation by the Central Government - speech by the President to the DPD, statistics on cancellation of local laws.