Model Legislative Provisions

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.

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.

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.

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

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:

• get advice about applying the guidance
• book an appointment to discuss your situation.