Hon Dee Margetts questions the authority of the National Competition Council (NCC) to continue assessing WA's legislative reviews beyond the agreed timeframe, particularly regarding competition policy principles agreement and potential penalties. The Treasurer clarifies the NCC's ongoing role and the process for finalising the assessment and reviewing potential penalties.

AnsweredQoN 1150Legislative Council
Asked
22 August 2003
Portfolio
Treasurer

QuestionView source ↗

I refer the Treasurer to an answer given by the Leader of the House to my question No. 1105 on August 14 2003 where he stated that the ‘NCC has not yet made an assessment of the State’s implementation of the reviews of existing legislation under clause 5 of the competition policy principles agreement, but will make recommendations for performance based on these payments’. And refer the Treasurer to his answer to my previous question No. 557 on December 17 2002 where it was confirmed that ‘The National Competition Council’s role in the oversight of each jurisdiction’s obligation to complete the legislative review program will end after the June 2003 assessment is complete’ and ask -
Given that it is now August 2003 and in the absence of a specific COAG decision to extend the role of the National Competition Council for making recommendations on existing legislation, under what authority does the NCC continue operating in that role and for how long ie. does an ‘incomplete’ review simply mean that the National Competition Council will leave itself in that role until it has considered it has won sufficient of its outstanding arguments with the States and Territories?

AnswerView source ↗

Answered
14 October 2003
Responded by
Minister for Housing and Works representing the Treasurer
Response time
53 days
The National Competition Councils 2003 assessment of Western Australias legislation review progress is not yet complete. The assessment will be finalised when the Commonwealth Treasurer has made a decision on whether the State has met is obligations and a decision on competition payments has been announced. This is expected to occur shortly. The legislation review assessment relates to the progress the State has made in meeting its legislation review obligations as at 30 June 2003. Should a payment penalty be recommended in the 2003 assessment, it is expected that a process will be put in place to review the penalty if the appropriate reform is subsequently implemented. The NCC will continue to have an ongoing role, including to review each jurisdictions progress with water reform and an oversight role of reviews of new legislation.
The legislation review assessment relates to the progress the State has made in meeting its legislation review obligations as at 30 June 2003. Should a payment penalty be recommended in the 2003 assessment, it is expected that a process will be put in place to review the penalty if the appropriate reform is subsequently implemented. The NCC will continue to have an ongoing role, including to review each jurisdictions progress with water reform and an oversight role of reviews of new legislation.

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