Health Insurance (Accredited Pathology Laboratories-Approval) Principles 2017 [F2017L01291]-Advice only [2017] AUSStaCSDLM 404 (15 November 2017)

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Instrument	Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2017 [F2017L01291]
Purpose	Sets out the criteria for different categories of accredited pathology laboratories, and specifies the standards that must be met as part of the accreditation assessment for each category of laboratory and kind of service provided
Authorising legislation	Health Insurance Act 1973
Portfolio	Health
Disallowance	15 sitting days after tabling (tabled Senate 16 October 2017) Notice of motion to disallow currently must be given by 7 December 2017
Scrutiny principle	Standing Order 23(3)(a)

Drafting

Section 5(2) of the instrument provides that, in the instrument, independent body means:

(a) NATA;^[1] and

(b) in relation to a category M laboratory – any other organisation approved under subsection 5(2) by the Minister.

However, the power of the Minister to approve an organisation as an independent body in relation to a category M laboratory appears in subsection 5(3) of the instrument, not in subsection 5(2). The committee notes that the correct reference to subsection 5(3) appears in the ES.

In the interests of promoting the clarity and intelligibility of instruments, the committee expects that instruments and their accompanying ESs should be drafted with sufficient care to avoid potential confusion for anticipated users.

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

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^[1] Subsection 5(2) of the instrument provides that NATA refers to the National Association of Testing Authorities, being the body recognised by the Commonwealth through a Memorandum of Understanding as the national body in Australia for laboratory accreditation.