Legislation Advisory services

Regulatory frameworks

Have you ever looked at a law, knowing that it affects your business, but frustrated that you can’t figure out what it means? So have we!

“A good legislative advisor won’t just tell you what the law says. They will show you how it works”

We understand what it takes to make sense of the legally binding documents that can have an enormous impact on your day-to-day business. This is far more than just being able to read and understand what the law says. This is about being able to analyse the underlying system that the law sets up. It’s about pulling it apart like a car engine, figuring out how it works, and then putting it back together. A good legal adviser can explain the legal language. A good legislative advisor will show you the practical operation and find a way to make the legislation work for you, in your business.

Senscia can help make sense of how laws affect your business. We can help analyse and explain those laws to everybody in your organisation, and to develop strategies for legal and regulatory compliance that will work for your business.

 

Legislative scrutiny – lobbying

You have seen a government proposal for legislation, or draft legislation out for public consultation. You have glanced at it and had that sinking feeling that it will result in unnecessary burdens on your business or a skewing in how a market may operate. You know it is going to have a big impact on your business operations and you need to DO something about it. You know you will have to make a submission about it, you’ve got some ideas but you can’t quite find the words.

Or perhaps you are an organisation that has a great deal of experience in making submissions on legislative proposals and you are looking for a way to make a greater impact with your words?

You may even want to draft amendments to legislative proposals as part of your response.

We can evaluate draft legislation for you by “reverse engineering” it – by figuring out whether the legislative design will achieve the stated policy. The stated policy could be anything from fixing an identified problem through to compliance with international instruments.

“We can help analyse any policy problem to come up with alternative solutions”

We will help you consider whether the stated policy is the correct policy, to find potential problems and unintended consequences and to help you formulate a response that will get noticed. We can help analyse any policy problem to come up with alternative solutions that may not have been previously considered.

We can help devise practical suggestions for improving legislation so that it says what you think it needs to say, providing the language and explanations necessary to persuade decision-makers and sponsors of the legislation of the need for change.

 

Legislative scrutiny – government

While legislative drafting is generally done within government, sometimes governments need to outsource drafting work. It could be that they have an unusually large project, or require a subject matter expert. Perhaps the jurisdiction is a post-conflict or developing country and the drafting is being done as part of an aid development program.

If you have a draft of legislation that you have received from another source, and you are not quite sure whether it does what you want to it to do, we can assist you to figure that out. We can help assess all aspects of the draft: the policy content, the technical language, formatting, style and publication to help you ensure that the draft is a bespoke product for your statute book.

“We think that a piece of legislation is a bit like a heart transplant”

We think that a piece of legislation is a bit like a heart transplant. You can put a new heart transplant into the human body, but unless you know how to hook it up to all the arteries and make blood pump through it, it just won’t beat. Legislation is no different. It needs to be “hooked” up to all of the “arteries” of the legal system in which it belongs.

 

Policy Development

Policy development is done by policy decision-markers, who follow formal policy making process. Every country in the world has its own way of doing this. But what if you could jump-start your policy development project by thinking about how it would take legislative form early in the development process?

It can be tremendously frustrating and embarrassing for a politician or civil servant to be told that their policy idea simply cannot be expressed in legislative form, or that there is a legal or procedural impediment standing in the way of what they want to do.

“We can help… by spotting legislative issues on the horizon”

Senscia can help in the policy development process by offering legislative solutions to policy problems, gathering and synthesising the necessary information for quality decision-making, and by spotting legislative issues on the horizon. This means that you can consider more policy options, and make better policy decisions. Senscia can work with your key stakeholders to make sure that they are on board with your ideas long before you have publicly committed to a particular solution.

 

“Legislative Shepherd”

Sometimes government departments are so busy doing their day-to-day jobs that they don’t have time to devote the necessary resources to major reform projects in the way that they would like. Sometimes they have the technical and operational knowledge, but they just don’t understand the process.

Senscia can help you navigate through whatever legislative process you need to follow. We like operating at what we think of as the “crevasse” that sometimes exists between legislative drafters and the policy development machinery. We have deep experience in learning how these processes work, communicating with the major players and making them easy and frustration-free.