National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2016 (No 3) (PB 102 of 2016) [F2016L01930]-Response required [2017] AUSStaCSDLM 20 (8 February 2017)

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Instrument	National Health (Paraplegic and Quadriplegic Program) Special Arrangement Amendment Instrument 2016 (No 3) (PB 102 of 2016) [F2016L01930]
Purpose	Amends the National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2010 (PB 118 of 2010)
Last day to disallow	9 May 2017
Authorising legislation	National Health Act 1953
Department	Health
Scrutiny principle	Standing Order 23(3)(b)

Retrospective commencement

The instrument commenced retrospectively on 1 December 2016. The ES to the instrument states that amendments made by the instrument reflect changes made to the National Health (Listing of Pharmaceutical Benefits) Instrument 2012, which commenced on the same day.

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 ES to the instrument 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.