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The Australian Government has announced a ‘Repeal Day’, intended to be used to axe the existence of hundreds of outdated laws.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To give you a small personal example of outdated laws, in my first career out of school I had cause to use a piece of law, a by-law of a large council, which made it an offence for people to walk on the right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 It seems ridiculous and I’m not sure if that law still exists, but it wouldn’t surprise me if it was yet to be repealed – law and order for society and all that.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

Marcus Barber invited to attend World Water Week in Stockholm 2007

May 11, 2007

Futurist Marcus Barber has been invited to present at the Stockholm International Water Institute’s prestigious World Water Week conference to be held in Stockholm later this year. His abstract submission ‘Life versus Lifestyle: the emerging clash between consumer demands and water availability’ forms part of the key workshop item of ‘Managing Future Consumer Demands’ which…

Read More >

May Brainnovation Session now open

Apr 26, 2007

The May Brainnovation session is open for bookings. If you’d like to be invited to attend this highly focused, creative and thought provoking session please contact us. We’ll send you an invite and as these sessions are strictly limited to no more than 15 people, it’s ‘first in – best dressed’ for acceptances! You’ll be…

Read More >

Authenticity & the Craft of Brewing Beer

Mar 29, 2007

Every now and again you discover something well ahead of the general public that is worthy of further investigation. That is the key advantage of being a futurist – you get to spend a lot of your time just looking for signals of change. In this case it is the soon to be opened Barleycorn…

Read More >

Strategy and Game Shows

Feb 27, 2007

Marcus Barber joined Brigette Duclos on the Channel 10 program ‘9am with David & Kim’ to discuss strategy and the game show ‘Con-Test’ How do game shows reflect our approach to strategy and what does it mean for the business decisons we make? This will be the subject of an upcoming ‘Ideas Piece’ to appear…

Read More >

Advanced Organisational Strategy (AOS) Events

Jan 24, 2007

Your Advanced Organisational Strategy events coincide with a specific need for your business and lead to excellent outcomes. These events are customed tailored to help you solve an organisational challenge or to answer a key exploratory question for you. The AOS focuses on two main objectives – to create a specific ‘How to’ for solving…

Read More >

Innovation & Counter Intuitiveness

Jan 23, 2007

The idea behind Innovation is to create something new, that has yet to be conceived. A lot of the times that requires Counterintuitive thinking and that can be a very difficult challenge because it needs to break the habits in our thinking styles. For me the essence of being a futurist is the essence of…

Read More >