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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Disability Services Act (Administration of Part II of the Act) Guidelines 2013 [F2013L02002] -New and continuing matters [2014] AUSStaCSDLM 4 (12 February 2014)

Disability Services Act (Administration of Part II of the Act) Guidelines 2013 [F2013L02002]

Purpose
Formulates guidelines on matters relevant to the administration of Part II of the Disability Services Act 1986
Last day to disallow
17 March 2014
Authorising legislation
Department
Social Services

ISSUE:

No information 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 accompanying this instrument contains no reference to consultation. 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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