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Australian Senate Standing Committee for the Scrutiny of Bills - Scrutiny Digests

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National Occupational Respiratory Disease Registry Bill 2023 - Commentary on Ministerial Responses [2023] AUSStaCSBSD 197 (18 October 2023)


National Occupational Respiratory Disease Registry Bill 2023[158]

Purpose
This bill seeks to create a legislative framework for the establishment and ongoing management of the National Occupational Respiratory Disease Registry (the National Registry). The National Registry will provide access to information about occupational respiratory diseases and support the identification of industries, occupations, job tasks and workplaces where there is a risk of exposure to respiratory disease-causing agents.
Portfolio
Health and Aged Care
Introduced
House of Representatives on 21 June 2023
Bill status
Before the Senate

Significant matters in delegated legislation

Privacy

Broad discretionary powers[159]

2.63 The bill seeks to create a legislative framework for the establishment and ongoing management of the National Occupational Respiratory Disease Registry (the National Registry).

2.64 The committee raised scrutiny concerns in relation to the bill in Scrutiny Digest 8 and 10 of 2023.190F[160] The committee was concerned that much of the information related to the scope and operation of the National Registry is being left to delegated legislation. In Scrutiny Digest 10 of 2023, the committee considered the assistant minister's substantive response to these scrutiny concerns.

2.65 In Scrutiny Digest 10 of 2023 the committee:

• requested the assistant minister table an addendum to the explanatory memorandum containing the key information provided by the minister in correspondence to the committee dated 15 August 2023, be tabled in the Parliament as soon as practicable, noting the importance of these explanatory materials as a point of access to understanding the law and, if needed, as extrinsic material to assist with interpretation (see section 15AB of the Acts Interpretation Act 1901); and

• the committee drew its scrutiny concerns to the attention of senators and left to the Senate as a whole the appropriateness of leaving much of the information related to the scope and operation of the National Registry to delegated legislation.


[158] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, National Occupational Respiratory Disease Registry Bill 2023, Scrutiny Digest 12 of 2023; [2023] AUSStaCSBSD 197.

[159] The committee draws senators' attention to the framework nature of the bill pursuant to Senate standing orders 24(1)(a)(i), (ii), and (iv).

[160] For a full accounting of the committee's scrutiny concerns and the responses of the assistant minister, see Scrutiny Digest 9 of 2023 and Scrutiny Digest 10 of 2023.


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