Social Security (Satisfaction of the Activity Test-Classes of Persons) (DEEWR and FaHCSIA) Specifications 2009 (No 1)-Instrument of Revocation 2015 [F2015L00865]-Response required [2015] AUSStaCSDLM 122 (12 August 2015)

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Instrument	Social Security (Satisfaction of the Activity Test – Classes of Persons) (DEEWR and FaHCSIA) Specifications 2009 (No. 1) – Instrument of Revocation 2015 [F2015L00865]
Purpose	Revokes the Social Security (Satisfaction of the Activity Test – Classes of Persons) (DEEWR) Specification (No. 1) 2009 and the Social Security (Satisfaction of the Activity Test – Classes of Persons) (FaHCSIA) Specification (No. 1) 2009
Last day to disallow	16 September 2015
Authorising legislation	Social Security Act 1991
Department	Employment
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:

The Department of Social Services has been consulted regarding this instrument.

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 Social Security).

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.