Social Security (Administration) (Income Management-Crediting of Accounts) Rules 2015 [F2015L00781]-Response required [2015] AUSStaCSDLM 121 (12 August 2015)

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Instrument	Social Security (Administration) (Income Management - Crediting of Accounts) Rules 2015 [F2015L00781]
Purpose	Provide particular circumstances in which the Income Management Record (established by section 123VA of the Social Security (Administration) Act 1999) and a person’s income management account can be credited with an amount that is ascertained in accordance with the rules
Last day to disallow	20 August 2015
Authorising legislation	Social Security (Administration) Act 1999
Department	Social Services
Scrutiny principle	Standing Order 23(3)(a)

Description of 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. However, section 18 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 states:

Consultation on these Rules was with the Department of Human Services.

While the committee does not usually interpret section 26 as requiring a highly detailed description of consultation undertaken, it considers that an overly bare or general description is insufficient to satisfy the requirements of the Legislative Instruments Act 2003. The committee considers that in this case the information provided does not describe the nature of the consultation undertaken (such as, for example, the manner, purpose and outcome of the consultation with the Department of Human Services).

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 2.

The committee requests the advice of the minister in relation to this matter; and requests that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.