A quick look at the ‘Repeal Day’ concept – almost right

The Australian Government has announced a ‘Repeal Day’, intended to be used to axe the existence of hundreds of outdated laws. The concept is a good one, though for me, doesn’t quite get the Australian Parliament into a forward looking setting in how it could develop FUTURE legislation. So what could be done instead and what are the Repeal Day risks?

Repeal Day is not a new concept with the US Government often spending time wiping out old laws in one big all encompassing sitting. The idea is both necessary and overdue and I can see this idea becoming an annual or ‘first event’ headline act of new Governments across Australia.

To give you a small personal example of outdated laws, in my first career out of school I had cause to use a piece of law, a by-law of a large council, which made it an offence for people to walk on the right hand side of the footpath. Yes, please do re-read that and then understand that the law dated back to the latter part of the 19thC. So there I was, in the late part of the 20thC applying a law from around 1865 or so. It seems ridiculous and I’m not sure if that law still exists, but it wouldn’t surprise me if it was yet to be repealed – law and order for society and all that.

And so now we have a whole raft of laws that were ‘good ideas’ (or not) in their day. As a small business owner I’d really look forward to not having to do BAS every quarter or deal with the multiple requirements of superannuation payments. There’s many others. And so the Repeal Day appeals. But there are risks

The core risk is that in the passion for cutting red tape or intention to simplify the burdens of legal compliance, good laws get thrown out. There’s the risk that this idea of simplification becomes a political football where a repeal is targeted in a heavy handed fashion. That is as likely as it is unlikely.

Overall though the greatest risk is that laws with good intentions that are still valid, are scrapped because they were poorly constructed – a solid and worthwhile principal is discarded because of the existence of a clumsy or heavy handed nature in how the law applies.

Which is why Repeal Day doesn’t quite set us up for FUTURE legal developments. For those who’ve read some of my thoughts before, you’ll know that for years I’ve been calling for a ‘Sunset Clause’ on all legislation. The sunset clause would make all legislation self repealing making a Repeal Day irrelevant. It would also turn the focus of Parliament towards updating laws. Trying to keep pace with IT developments in Privacy for instance, is beyond the realm of most Governments. A sunset clause would see the law developed and then consistently reassessed to ensure the law is still meeting the intentions and relevancy framing. A refresh, new sunset clause and on it goes. If no longer required, the law would sunset and nothing else need be done.

I think the Repeal Day concept could be useful if treated carefully, and not as a sweeping of ideology. That’s its big risk. Developing Laws with a Sunset Clause brings Parliament up to date as a forward thinking legislative body

Ten Trends Shaping Government Today

Jan 24, 2013

Futurist Jack Uldrich has posted an item to his website looking at Ten Trends shaping Government today. Although each item is arguable and may be context specific depending on ‘which’ Government you’re looking at, it’s a good overall take suggesting things to do with data, the interenet, crowdsourcing and the like. However I think Jack…

Read More >

Should we really keep Politicians away from Scientists?

Jan 22, 2013

Sir Paul Nurse has ‘weight’ when it comes to science. His position is the head of The Royal Society in the United Kingdom and in an address in Melbourne he suggested that we need to keep politicians away from scientists: “It also emphasises the need to keep the science as far as is possible from…

Read More >

2013 will be the International Year of Crowdsourcing

Dec 30, 2012

I’ve been thinking long and hard about what to call 2013. After saying 2011 would need to be the International Year of Resilience (much still needed) and 2012 the International Year of Problem Solving I’m thinking now that Crowdsourcing (the idea of seeking assistance beyond your own capabilities from the ‘crowd’ often through social media)…

Read More >

Five Emergent Ideas for 2013 you won’t find on any ‘Trends for 2013’ list (just yet)

Dec 19, 2012

There’s lots of talk about ‘next big things for 2013’ right now, just as there has been in past years. Rather than join the cadre of prognosticators, trend experts and (not so) disguised salespeople laying claim to knowing about what ‘will’ be for the coming 12 months, I offer an alternative approach – here’s five…

Read More >

Does the Mayan Calendar recommend opening your Christmas present early?

Dec 16, 2012

Here it comes, the 21st of December 2012 – the last known recorded date on the Mayan Calendar and for years people have wondered why the Mayans never got around to extending beyond 2012. What did the Mayans know that we didn’t and should we be thinking about opening our Christmas presents early this year?…

Read More >

Five Degrees Hotter? A quick reality check

Dec 9, 2012

As a Strategic Futurist I love a good scenario like the rest of us in the futures community. And where I choose to diverge from many in my field is in the pragmatic applications of futures and foresight thinking. Scenarios left as ‘what ifs…?’ are at best, theoretical. All of my clients and most of…

Read More >

2013 Trends – fair or fantasy?

Dec 4, 2012

Over at The Australian Strategic Planning Institute an observation has been made about the so called Top Ten Trends for 2013 and whether, with deeper consideration, the trends suggested deserve their place as new, or emerging or whether in fact, by relying upon them you might be chasing a ship that has long since sailed.…

Read More >

Open, Closed, Free or Fare?

Dec 2, 2012

Creative Commons is an approach that attempts to ensure that information in its various forms, can be shared by others for free. That is my take on it at least. And over time we’ve seen some major organisations shape the idea of ‘free’ to ‘free with conditions’ and ‘free for a fee’. The last one…

Read More >

The Energy challenge & rising prices

Nov 21, 2012

Some topics are too big to cover in a few minutes on radio. In this brief snapshot, the ABC Darwin’s Vicki Kerrigan and I chat about energy costs, causes and the future ahead for places like Darwin   You can download the media file here: Marcus Barber Future of Energy

Read More >

Cities of the Future: a view from Perth

Nov 19, 2012

What does a City tell you of itself, by how it shows itself? There’s much to be learnt by noting the small yet ‘obvious’ signs of life in any city you visit, that reveal to a certain extent, it’s ‘true self’. I’ll mention a few cities here but will focus on my most recent visit…

Read More >