Stage 2: Research

While assumptions can be difficult to identify, they pose a potential risk to the review’s success if they are not addressed. Some assumptions may be supported by research and others not. For example:

• In its daily operations, an agency may deal with key issues identified by the review but may not be aware of other critical issues raised by stakeholders.
• It may be assumed that all stakeholders are known but over the course of the review other stakeholders may be identified.

Identify the purpose and objectives of the legislation so the review considers if these are being achieved or changes need to be made.

To identify the purpose and objectives of the legislation:

• consider the objectives stated in the legislation, explanatory memorandum, second reading speech and Hansard of parliamentary debates
• check current government policies and the agency’s strategic objectives
• identify any legislation which is related to, and may be impacted by, the legislation under review
• seek legal advice if needed to clarify the intent or application of the legislative provisions for the issues being examined, particularly when the legislation is older or has been amended many times and as a result may have evolved in meaning.  

When assessing the legislation against its objectives, use a sound evaluation methodology. A sound evaluation methodology usually consists of clear and measurable objectives, impartial and independent process, evidence based and transparent. Consider if the legislation has had any unintended consequences and check if the original objectives are still relevant.

Identify issues to be considered and examine current circumstances through an environmental scan of sources including:

• ministerial correspondence
• media statements
• parliamentary reports, debates and questions
• reports from central agencies such as the Auditor General and Ombudsman
• complaints databases
• experts in the field
• relevant decisions of a court
• legal opinion databases
• academic research
• other relevant reports and data
• emerging knowledge
• media reports
• operational teams that administer the legislation
• stakeholder feedback.  

The terms of reference guide which issues are included or excluded in the review. If a significant issue is outside the scope, the receiving authority should be consulted about the possibility of amending the terms of reference, or the review can recommend that a future review examines the issue.

Similar legislation, issues and reviews in other jurisdictions can provide valuable insights into how those jurisdictions dealt with the same or similar policy issues.

In 2018 a ministerial expert panel was established to provide advice to the government on developing and implementing new legislation for voluntary assisted dying.

Previously, a parliamentary joint select committee had conducted an inquiry into end of life choices including extensive consultation with stakeholders.

It was determined that the ministerial expert panel would focus on the committee’s recommendations. The terms of reference noted the panel’s role was not to:

• replicate work done by the committee
• consider the arguments “for” and “against” voluntary assisted dying
• draft or implement the legislation.

During consultation stakeholders raised some of these matters. In its final report the panel noted the matters had been raised, recognised their importance and acknowledged that they were outside its scope to consider.

In 2019 the government convened an independent panel to review the operational effectiveness of the Animal Welfare Act 2002. The panel compared WA’s animal welfare legislation with similar laws in other Australian jurisdictions and Canada, New Zealand and the United Kingdom. The analysis provided useful insights into how those jurisdictions approach matters such as duty of care, inspectors’ powers, court orders and directions, and seizure of animals and things.