National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2017 [F2017L00088]-Concluded matters [2017] AUSStaCSDLM 111 (22 March 2017)

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Instrument	National Disability Insurance Scheme (Becoming a Participant) Amendment Rules 2017 [F2017L00088]
Purpose	Amends the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 to align the age requirements for South Australian residents more closely with other jurisdictions
Last day to disallow	9 May 2017
Authorising legislation	National Disability Insurance Scheme Act 2013
Department	Social Services
Scrutiny principle	Standing Order 23(3)(b)
Previously reported in	Delegated legislation monitor 2 of 2017

Retrospective commencement

The committee commented as follows:

Subsection 12(2) of the Legislation Act 2003 provides that an instrument that commences retrospectively is of no effect if it would disadvantage the rights of a person (other than the Commonwealth) or impose a liability on a person (other than the Commonwealth) for an act or omission before the instrument's date of registration. Accordingly, the committee's usual expectation is that ESs explicitly address the question of whether an instrument with retrospective commencement would disadvantage any person other than the Commonwealth.

With reference to these requirements, the committee notes that the rules commenced retrospectively on 1 January 2017. However, the ES to the rules provides no information about the effect of the retrospective commencement on individuals.

The committee requests the advice of the minister in relation to the above.

Minister's response

The Minister for Social Services advised:

In response to the Committee's concerns, I can assure you that no individuals will be disadvantaged by the retrospective commencement of the instrument. Having regarded to subsection 12(2) of the Legislation
Act 2003, I will submit a revised Explanatory Statement, following consultation with South Australia.

Committee's response

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

The committee notes the minister's undertaking to submit a revised ES to include information about the retrospective commencement of the instrument.