When Climate Mainstreaming Is the Law: A Case Study of the Climate Change Act 2017 (Vic)

Abstract

Framework climate legislation has been introduced in many jurisdictions around the world, at the national and subnational scales, to govern climate change mitigation and adaptation activities by governments. The Climate Change Act 2017 (Vic) is an example which embodies many of the typical features of framework climate laws: emissions reduction targets, mitigation strategies and adaptation plans. Yet the Victorian legislation also includes explicit provision for climate mainstreaming: a general legal duty to take account of climate change, where relevant, in government decisions, policies, programs and processes, and a more specific duty to have regard to climate change considerations in prescribed decisions. These mainstreaming provisions reflect a legislative intent to promote an integrated, whole-of-government approach to climate change. This recognises that a broad range of policy areas both contribute to climate change and are affected by climate change, and that effectively integrating climate change across government functions is critical to achieve mitigation and adaptation objectives. This article reports on an empirical study exploring the effect of the mainstreaming provisions on government practices in Victoria. Interviews with Victorian public servants from a wide range of policy and operational areas provide insights into the value, role and function of legislation in supporting climate mainstreaming, as well as lessons from practice in how to effectively operationalise legal mainstreaming duties.