Mini vic.gov.au

This is a low bandwidth version of vic.gov.au. Contents may not be up to date. © Copyright State Government of Victoria

Model Legislative Provisions

These Guides on Model Provisions offer clear, consistent advice for developing effective and more streamlined legislation across Victoria.

Details

Topic: Regulatory reform

Audience: State government - regulatory policy

Regulatory function: Legislation

Industry: All relevant industries

Document type: Guide

Author: Department of Treasury and Finance

Date published: 1 April 2025

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.

Guidance on Adopting Model Provisions

The guidance on Adopting Model Provisions documents are tools for policymakers working with the Office of the Chief Parliamentary Counsel (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.

Fit and Proper Persons Test

Fit and Proper Tests are assessments used to prevent inappropriate applications 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.

Guidance on Adopting Model Legislative Provisions: Fit and Proper Tests PDF 670.5 KB (opens in a new window)

Guidance on Adopting Model Provisions: Fit and Proper Tests Word 509.04 KB (opens in a new window)

Confidentiality and Information Sharing

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.

Guidance on Adopting Model Provisions: Information sharing and confidentiality PDF 545.68 KB (opens in a new window)

Guidance on Adopting Model Provisions: Information sharing and confidentiality Word 4.18 MB (opens in a new window)

Delegations Guidance Note

This document supports policymakers in identifying powers which 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.

Guidance on Adopting Model Legislative Provisions: Delegations Guidance Note PDF 168.29 KB (opens in a new window)

Guidance on Adopting Model Legislative Provisions: Delegations Guidance Note Word 354.84 KB (opens in a new window)

How this tool can help

This guidance can help policymakers ensure they are developing legislative provisions that suits their needs, align with best practice and promote consistency across Victoria’s regulatory environments.

Use this guidance as a starting point for development of legislative provisions on shared regulatory topics.

Support to apply this tool

Context for Model Legislative Provisions PDF 95.16 KB (opens in a new window)

Context for Model Legislative Provisions Word 67.19 KB (opens in a new window)

What’s next?

Expect to see more guidance on Adopting Model Provisions documents for additional topics throughout 2025.

Upcoming topics include Regulator Toolkits, Appointment of Authorised Officers, Service of Documents, Commencing Legal Proceedings and Governance.

Contact the Department of Treasury and Finance, Regulation Group, at reg.reform@dtf.vic.gov.au to:

Updated 16 May 2025

About the VIC Government

Grants and programs

Jobs and careers

Arts, culture and heritage

Business and the workplace

Communities

Education and training

Environment, water and energy

Finance and economy

Health and social support

Housing and property

Law and justice

Safety and emergencies

Science and technology

Sport and recreation

Traffic and transport

Working in the Victorian Government