Social Security (Administration) (Trial Area-Ceduna and Surrounding Region) Determination 2015 [F2015L01836]-Concluded matters [2016] AUSStaCSDLM 73 (24 February 2016)

Instrument	Social Security (Administration) (Trial Area - Ceduna and Surrounding Region) Determination 2015 [F2015L01836]
Purpose	Declares Ceduna and the Surrounding Region as a trial area for the cashless welfare debit card trial
Last day to disallow	3 March 2016
Authorising legislation	Social Security (Administration) Act 1999
Department	Social Services
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor No. 1 of 2016

Incorporation of extrinsic material

The committee commented as follows:

Section 14 of the Legislative Instruments Act 2003 allows for the incorporation of both legislative and non-legislative extrinsic material into instruments either as, respectively, in force from time to time or as in force at a particular date (subject to any provisions in the authorising legislation which may alter the operation of section 14).

With reference to the above, the committee notes that section 4 of the instrument refers to the Local Government Act 1999 (SA) (LGA). However, neither the text of the instrument nor the ES expressly state the manner in which the LGA is incorporated.

The committee's usual expectation where an instrument incorporates extrinsic material by reference is that the manner of incorporation is clearly specified in the instrument and, ideally, in the ES. The committee regards this as a best-practice approach that enables anticipated users or persons affected by any such instrument to understand its operation without the need to rely on specialist legal knowledge or advice, or consult extrinsic material.

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

Minister's response

The Assistant Minister for Social Services advised:

The Local Government Act 1999 (SA) outlines how the area and boundaries of a council are defined. The instrument incorporates the area of the District Council of Ceduna in accordance with that Act. It was always intended that the trial area be fixed from the date the instrument was made, making the trial area certain. This is demonstrated by the map contained in the Explanatory Statement which shows a fixed area of Ceduna and the Surrounding Region. It is not anticipated that the area and boundaries of the District Council of Ceduna will change during the six month period that the instrument is in operation.
However, I accept the Committee's expectations that the manner of incorporation of extrinsic material is clearly specified in the instrument and the Explanatory Statement. I consider that including a further description regarding the manner of incorporation of the Local Government Act 1999 (SA) in the Explanatory Statement would be appropriate for this instrument. I will revise the Explanatory Statement and will endeavour to ensure that future instruments and Explanatory Statements are consistent with the Committee's expectations.

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

The committee also thanks the assistant minister for his advice that a revised explanatory statement will be issued for this instrument which will include a further description regarding the manner of incorporation of the Local Government Act 1999 (SA).