Social Security (Class of Visas-Qualification for Special Benefit) Determination 2014 [F2014L00783]-New and continuing matters [2014] AUSStaCSDLM 141 (16 July 2014)

• Social Security (Class of Visas – Qualification for Special Benefit) Determination 2014 [F2014L00783]

Social Security (Class of Visas – Qualification for Special Benefit) Determination 2014 [F2014L00783]

Purpose	Provides that a person who is a Subclass 449 (Humanitarian Stay (Temporary)) visa holder is qualified for Special Benefit under subparagraph 729(2)(f)(v) of the Social Security Act 1991
Last day to disallow	02 September 2014
Authorising legislation	Social Security Act 1991
Department	Social Services

Issue:

Insufficient description regarding consultation

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). With reference to these requirements, the committee notes that the ES for the instrument provides no description of the nature of the consultation undertaken. While the committee does not usually interpret section 26 as requiring a highly detailed description of consultation undertaken, its usual approach is to consider an overly bare or general description that does not describe the nature of any consultation, such as in this case, as not being sufficient to satisfy the requirements of the Legislative Instruments Act 2003. The committee therefore requests further information from the minister and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.