Commonwealth Scholarships Guidelines (Education) 2013 [F2013L02070]-Concluded matters [2014] AUSStaCSDLM 60 (26 March 2014)

• Commonwealth Scholarships Guidelines (Education) 2013 [F2013L02070]

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Chapter 2

Concluded matters

This chapter lists matters previously raised by the committee and considered at its meeting on 26 March 2014. The committee has concluded its interest in these matters on the basis of responses received from ministers or relevant instrument-makers.

Correspondence relating to these matters is included at Appendix 3.

Commonwealth Scholarships Guidelines (Education) 2013 [F2013L02070]

Purpose	Revokes and remakes the Commonwealth Scholarships Guidelines (Education) to ensure that the efficiency dividend to university funding included in the 2013-14 budget can be implemented; and separates Indigenous Commonwealth Scholarships from other Commonwealth Scholarships
Last day to disallow[1]	27 March 2014
Authorising legislation	Higher Education Support Act 2003
Department	Education

Issue:

No information provided 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 ES for the instrument does not explicitly address the issue of consultation (although the ES contains the heading, 'Consultation') [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 Education advised that, as the guidelines were remade primarily to implement the efficiency dividend to university funding announced as part of the 2013-14 Budget, consultation was not considered necessary and was not undertaken.

The minister further advised that the ES had been amended to include the information provided.

COMMITTEE RESPONSE:

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

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^[1] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.