Work Health and Safety Exemption (Construction induction training-ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195] -New matters [2014] AUSStaCSDLM 191 (1 October 2014)

• Work Health and Safety Exemption (Construction induction training - ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195]

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Chapter 1

New and continuing matters

This chapter lists new matters identified by the committee at its meeting on 1 October 2014, and continuing matters in relation to which the committee has received recent correspondence. The committee will write to relevant ministers or instrument makers in relation to substantive matters seeking further information or an appropriate undertaking within the disallowance period.

Matters which the committee draws to the attention of the relevant minister or instrument maker are raised on an advice-only basis and do not require a response.

This report considers all disallowable instruments tabled between 5 September 2014 and 12 September 2014. All instruments tabled in this period are listed on the Senate Disallowable Instruments List.^[1]

New matters

Work Health and Safety Exemption (Construction induction training - ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195]

Purpose	Provides for grant of an exemption under the Work Health and Safety Regulations 2011 from the requirement for ASC AWD Shipbuilder Pty Ltd to ensure certain workers (i.e. technical specialists) have undergone construction induction training, and also grants certain workers (i.e. technical specialists) an exemption from the construction induction training requirement
Last day to disallow[2]	1 December 2014
Authorising legislation	Work Health and Safety Regulations 2011
Department	Employment

Issue:

No 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 explanatory statement (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. 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.

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^[1] Senate Disallowable Instruments List, available at http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/leginstruments/Senate_Disallowable_Instruments_List

^[2] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.