Amendment Statement of Principles concerning panic disorder No 101 of 2016 [F2016L01681] and Amendment Statement of Principles concerning panic disorder No 102 of 2016 [F2016L01668]-Response required [2016] AUSStaCSDLM 344 (23 November 2016)

• Chapter 1
• New and continuing matters
• Response required

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Chapter 1

New and continuing matters

This chapter details concerns in relation to disallowable instruments of delegated legislation received by the Senate Standing Committee on Regulations and Ordinances (the committee) between 14 October 2016 and 3 November 2016 (new matters); and matters previously raised in relation to which the committee seeks further information (continuing matters).^[1]

Response required

The committee requests an explanation or information from relevant ministers or instrument-makers with respect to the following concerns.

Instrument	Amendment Statement of Principles concerning panic disorder No. 101 of 2016 [F2016L01681] Amendment Statement of Principles concerning panic disorder No. 102 of 2016 [F2016L01668]
Purpose	The instruments amend the Statements of Principles concerning panic disorder, determined by the Repatriation Medical Authority
Last day to disallow	13 February 2017
Authorising legislation	Veterans’ Entitlements Act 1986
Department	Veterans' Affairs
Scrutiny principle	Standing Order 23(3)(a)

Access to incorporated documents

Paragraph 15J(2)(c) of the Legislation Act 2003 requires the ES (explanatory statement) for a legislative instrument that incorporates a document to contain a description of that document and indicate how it may be obtained.

The committee's expectations where a legislative instrument incorporates a document generally accord with the approach of the Senate Standing Committee for the Scrutiny of Bills, which has consistently drawn attention to legislation that incorporates documents not readily and freely available to the public. Generally, the committee will be concerned where incorporated documents are not publicly and freely available, because persons interested in or affected by the law may have inadequate access to its terms.

With reference to the above, the committee notes that the instruments update the definition of 'ICD-10-AM code' for the purposes of paragraph 3(c) of Statements of Principles concerning panic disorder No. 68 of 2009 [F2016C00975] and No. 69 of 2009 [F2009C00976] (the 2009 amended Statements of Principles) as follows:

"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978 1 76007 020 5.

The committee notes that more recent Statements of Principles make clear that the content of ICD-10-AM code is referenced, rather than incorporated, into the relevant instruments.^[2] However, it is unclear to the committee whether ICD-10-AM code is referenced or incorporated into the 2009 amended Statements of Principles.

As ICD-10-AM, Ninth Edition, copyrighted by the Independent Hospital Pricing Authority, appears to be only available for a fee of $500, if it is incorporated into the 2009 amended Statements of Principles, the committee will be concerned about how ICD‑10-AM may be otherwise freely available. The committee notes that the ESs to the instruments state:

A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA [Veterans’ Entitlements Act 1986].

However, in addition to access for persons eligible to make a claim for a pension or compensation, or an organisation representing such persons, the committee is interested in the broader issue of access for other parties who might be otherwise interested in the law.

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

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^[1] The committee has deferred its consideration of Civil Aviation Legislation Amendment (Part 132) Regulation 2016 [F2016L01655].

^[2] See, for example, Statement of Principles concerning animal envenomation (Reasonable Hypothesis) (No. 81 of 2016) [F2016L01663], subsection 7(3).