Purpose of undertakings
Undertakings represent commitments made by local governments, government departments or agencies to the Committee that certain actions will be completed within a certain time frame.
The requesting of undertakings relating to Instruments from local governments, departments and agencies is a serious matter. The Committee allows Instruments to pass unimpeded into law subject to the commitment that the relevant local government, department or agency will abide by the undertakings they give.
The Committee accepts undertakings provided on the following terms:
- all consequential amendments arising from the undertakings will be made;
- offending clauses will not be enforced in a manner contrary to the undertakings given;
- the undertakings will be completed within six months of the date the local government, department or agency’s letter provides the undertakings;
- where the instrument is made publicly available, whether in hard copy or electronic form, it be accompanied by a copy of the undertakings; and
- in the case of a local government, it will provide a copy of the minutes of the meeting at which the relevant council resolves to provide the undertakings.
Every six months, the Committee conducts a review of the Internet Undertakings List for viewing by Local Governments and the Internet Undertakings List for viewing by Departments and Agencies to check for compliance with provided undertakings. Reminders are sent to local governments, departments or agencies where compliance with undertakings has not occurred within the required time.
Commonly used terms
1. Delegated legislation:
Legislation made by a person or body other than the Parliament, under authority granted to that person or body by an Act of Parliament. Individually, delegated legislation has a variety of names, including `regulations', ‘local laws’, `by-laws', `rules', `ordinances', and `orders-in-council'. Collectively, they are variously termed `subordinate legislation', ‘secondary legislation’, `statutory rules', `legislative instruments', `statutory instruments', and `subsidiary legislation'.
2. To ‘disallow’ is to:
refuse to allow or accept as valid.
When the Parliament disallows delegated legislation, that legislation will no longer have any effect as of the date of the disallowance. In the WA Parliament, the Legislative Council has a dedicated process for disallowing delegated legislation (please see the disallowance flowchart below).
Disallowance Flowchart (A4).pdf