Veterans' Children Education Scheme [F2015L01280]-Response required [2015] AUSStaCSDLM 166 (10 September 2015)

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Instrument	Veterans' Children Education Scheme [F2015L01280]
Purpose	Sets out the education allowances and other related benefits available to the children of specified veterans
Last day to disallow	9 November 2015
Authorising legislation	Veterans' Entitlements Act 1986
Department	Veterans' Affairs
Scrutiny principle	Standing Order 23(3)(a)

Sub-delegation

Section 8.1.2 of this instrument provides that the Repatriation Commission may delegate any of its powers under the Veterans' Children Education Scheme to an employee or officer of the Australian Public Service.

The committee's expectations in relation to sub-delegation accord with the approach of the Senate Standing Committee for the Scrutiny of Bills, which has consistently drawn attention to legislation that allows delegations to a relatively large class of persons, with little or no specificity as to their qualifications or attributes. Generally, a limit should be set on either the sorts of powers that might be delegated or on the categories of people to whom powers might be delegated; and delegates should be confined to the holders of nominated offices or to members of the senior executive service.

In this respect, the ES for the instrument provides no justification for the broad delegation of the Commission's powers under the Scheme to any employee or officer of the Australian Public Service.

The committee requests the advice of the minister in relation to this matter.