Social Security (Class of Visas-Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2014 [F2014L00784]-Concluded matters [2014] AUSStaCSDLM 169 (27 August 2014)

• Social Security (Class of Visas – Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2014 [F2014L00784]

Social Security (Class of Visas – Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2014 [F2014L00784]

Purpose	Provides that a person who is a Subclass 449 (Humanitarian Stay (Temporary)) visa holder is exempted from the newly arrived resident's waiting period for Special Benefit under the Social Security Act 1991
Last day to disallow	02 September 2014
Authorising legislation	Social Security Act 1991
Department	Social Services

[The committee first reported on this instrument in Delegated legislation monitor No. 9 of 2014].

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 explanation as to why consultation was considered unnecessary in this case. 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, such as in this case, as not being sufficient to satisfy the requirements of the Legislative Instruments Act 2003 [the committee requested 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 for Social Security provided the committee with an updated ES containing the requested information on consultation:

The Department of Employment, Department of Human Services and Department of Immigration and Border Protection were consulted in relation to this Determination to ensure a consistent approach between Australian Government agencies.
Public consultation was considered to be unnecessary as this Determination is purely beneficial in character.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.