National Health Determination under paragraph 98C(1)(b) Amendment 2016 (No 4) (PB 44 of 2016) [F2016L00855] -Concluded matters [2016] AUSStaCSDLM 268 (12 October 2016)

Instrument	National Health Determination under paragraph 98C(1)(b) Amendment 2016 (No. 4) (PB 44 of 2016) [F2016L00855]
Purpose	Rectifies a typographical error in PB 119 of 2008
Last day to disallow	21 November 2016
Authorising legislation	National Health Act 1953
Department	Health
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 6 of 2016

No description of consultation

The committee commented as follows:

Section 17 of the Legislation 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. 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 (paragraphs 15J(2)(d) and (e)).

With reference to these requirements, the committee notes that the ES for the determination provides no information regarding consultation.

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 Legislation Act 2003.

Minister's response

The Minister for Health and Aged Care advised:

In regard to your request for advice on why there was no description of consultation in the instrument, consultation was not necessary because the sole purpose of the amendment was to rectify a typographical error.
The Explanatory Statement for this instrument will be updated and registered on the Federal Register of Legislation.

Committee's response

The committee thanks the minister for her response and has concluded its examination of the instrument.

The committee notes that a replacement ES has been registered on the Federal Register of Legislation, and that the replacement ES includes a description of consultation that meets the committee's expectations.