Introduction to National Uniform Legislation

Abstract

AbstractNational uniform legislation underpins major national reforms in Australia, such as the development of a national regime to aid victims of domestic violence, elder abuse and defamation, child protection and counterterrorism protection legislation, to name but a few. Generally, these reforms involve the modernisation of legislation in each Australian jurisdiction and harmonisation of laws across the Australian federation. Reforms of substantive law are contested, difficult and complex.Although national uniform legislation, as a complex legal phenomenon, has both advantages and disadvantages, it has become an inevitable occurrence in today’s federal legal landscape. The proliferation of national uniform legislation also means that more policymakers and legislative drafters will need to determine what ensures best practice, transparent, effective and efficient responses. It means that more policymakers and legislative drafters will need to establish the processes surrounding national reforms. Therefore, it is necessary to build a common conceptual understanding of these processes and to share this knowledge with those who will be involved in developing, drafting and interpreting legislation at various stages of complex national reforms. Public policy theories can assist in understanding how uniformity has been achieved with the goal of strengthening Australian cooperative federalism.