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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor |
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Purpose
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Substitutes a new Part 4 in the principal regulations dealing with the
reporting of immediately reportable and routinely reportable
matters; amends the
principal regulations as a consequence of the Transport Safety Investigation
(Confidential Reporting Scheme)
Regulation 2012; and establishes a scheme for
confidential reporting that applies to aviation, marine and rail transport
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Last day to disallow
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14 May 2013
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Authorising legislation
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Air Navigation Act 1920; Navigation Act 1912; and
Transport Safety Investigation Act 2003
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Department
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Infrastructure and Transport
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ISSUE:
Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26).[2] With reference to these requirements, the committee notes that the ES accompanying the instrument contains no reference to consultation [the committee sought further information from the minister and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].
MINISTER'S RESPONSE:
The minister advised that consultation was undertaken in relation to two of the instruments. In relation to F201202278, this had comprised the release of a discussion paper on enhanced mandatory reporting requirements for rail accidents and occurrences, with an invitation for public submissions. Submissions had been generally supportive of the proposals in the discussion paper. An exposure draft of the proposed amendments was subsequently also the subject of public consultation, with comments being received from such bodies as the Australian Rail Association and the Rail, Tram and Bus Union. In relation to F2012L02281, the Australian Transport Safety Bureau (ATSB) undertook extensive consultation, based on release of a public consultation paper and subsequent drafts of the instrument and ES for public comment. In relation to F2012L02280, this instrument made amendments to the principal regulation to correct an out-dated reference and make minor clarifications and corrections. Consultation was therefore considered unnecessary as the instrument was considered to be 'minor or machinery' in nature.
COMMITTEE RESPONSE:
The committee thanks the minister for his response. However, the committee notes that the minister did not provide an undertaking to update the relevant ES in accordance with the requirements of the Legislative Instruments Act 2003. The committee will therefore seek such an undertaking from the minister.
[1] Transport Safety Investigation Amendment Regulation 2012 (No. 2) [Select Legislative Instrument 2012 No. 264] [F2012L02280]; and Transport Safety Investigation (Voluntary and Confidential Reporting Scheme) Regulation 2012 [Select Legislative Instrument 2012 No. 265] [F2012L02281].
[2] The committee's guideline on addressing the consultation requirements of the Legislative Instruments Act 2003 is included at Appendix 2.
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URL: http://www.austlii.edu.au/au/other/cth/AUSStaCSDLM/2013/110.html