Therapeutic Goods Information (Laboratory Testing) Specification 2017 [F2017L00407]-Advice only [2017] AUSStaCSDLM 191 (14 June 2017)

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Instrument	Remuneration Tribunal Determination 2017/03: Remuneration and Allowances for Holders of Public Office and Judicial and Related Offices [F2017L00416]
Purpose	Sets remuneration and allowances for various full-time, part-time and judicial office holders
Authorising legislation	Remuneration Tribunal Act 1973
Department	Prime Minister and Cabinet
Disallowance	15 sitting days after tabling (tabled Senate 9 May 2017) Notice of motion to disallow must be given by 16 August 2017
Scrutiny principle	Standing Order 23(3)(a)

Description of consultation

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)).

The committee notes that the ES is generally helpful in providing information about the manner in which the Remuneration Tribunal may consult in relation to its decisions, and the submissions which informed particular decisions set out in this determination. However, the ES does not explicitly address consultation in relation to clauses concerning the following bodies:

• Aboriginal Hostels Limited;

• Professional Standards Board for Patent and Trade Marks Attorneys and Patent and Trade Marks Attorney Disciplinary Tribunal;

• Australian Organ and Tissue Donation and Transplantation Authority Advisory Council; and

• Companies Auditors Disciplinary Board.

The committee understands the explanations given in the ES at paragraphs 10–12 and 17 to mean that no consultation was undertaken in relation to the amendments concerning the above bodies. However, in terms of complying with paragraphs 15J(2)(d) and (e) of the Legislation Act 2003, the committee's preferred approach would be for the ES to have explicitly stated that consultation on the relevant amendments was considered unnecessary or inappropriate, if this is the case, and the reason(s) why.

The committee's expectations in this regard are set out in the guideline on consultation contained in Appendix 1.

The committee draws the above to the minister's attention.