I think when you have a statutory obligation, it emphasizes that obligation; that's always the case. It is indeed much easier to fall back on a directive or a policy, but an act really imposes pressure, constraints, the need to take the time, and to manage the situation differently.
The act should require that relevant details be provided to the Office of the Commissioner within a prescribed period of time before a program is established. Those details can be set out either in the act or in regulations. That proactiveness is important.