Creating new, or relying on existing, civil remedies
This is a single section from Chapter 23. Read the full chapter here.
Should existing civil remedies be relied on?
Existing civil remedies should be relied on if they are adequate and appropriate for the purposes of enforcement.
Existing civil remedies should be used if they can apply to the circumstances of the new legislation and are efficient and effective mechanisms for the purposes of enforcement. If there is uncertainty as to whether an existing civil remedy will apply, or if it is necessary to modify it in some way to better suit the purposes of the legislation (such as making a new or different kind of remedy available), this must be made explicit in the legislation. Legal advisers will be able to identify existing civil actions and whether they are adequate.