Legislative Instruments (Hearing Services Administration Instruments) Sunset-Altering Declaration 2015
EXPLANATORY STATEMENT
Issued by the Attorney‑General
in compliance with section 26 of the Legislative Instruments Act 2003
INTRODUCTION
This declaration was made under subsection 51A(1) of the Legislative Instruments Act 2003 (the LIA) and is a legislative instrument for the purposes of the LIA. The declaration is subject to the disallowance provisions of the LIA.
OUTLINE
The purpose of Part 6 of the LIA, which provides for the sunsetting of legislative instruments, is to ensure that legislative instruments are kept up to date and only remain in force for so long as they are needed.
Section 51A enables the Attorney-General to align the sunsetting dates of two or more instruments by a declaration. The instruments will then all cease to be in force on the day specified in the declaration instead of the scheduled sunsetting day of each instrument.
This allows instruments to continue to be in force for a further but limited period of time when they would otherwise sunset – or to sunset earlier than the originally scheduled sunsetting day. This removes the administrative burden as well as legislative inconsistencies which arise from remaking instruments of related legislation independently at different times.
PROCESS BEFORE CERTIFICATE WAS MADE
Regulatory impact analysis
Before this declaration was issued, its expected impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). That assessment indicated that it would have no or low negative impact on businesses, individuals and the economy. This assessment has been confirmed by the OBPR (OBPR reference 19486).
Statement of compatibility with human rights obligations
Before this declaration was made, its impact on human rights was assessed using tools and guidance published by the Attorney‑General’s Department. It is fully compatible with human rights as defined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Consultation before making
Before this declaration was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the LIA, and the specific circumstances where consultation may be unnecessary or inappropriate set out in section 18. Consultation involved the Department of the Health. The declaration does not significantly alter existing arrangements or interfere with other planned reviews of hearing services administration legislation. Accordingly, further consultation was unnecessary.
Statutory preconditions relevant to this declaration
If the Attorney-General is satisfied that the statutory conditions in section 51A of the LIA are met, the sunsetting day of two or more legislative instruments can be aligned by means of a declaration made under that section. The statutory conditions are that all the instruments to be reviewed:
would (in the absence of a declaration under section 51A) be subject to sunsetting
are or will be the subject of a single review, and
that the making of the declaration will facilitate the undertaking of the review and the implementation of its findings.
In terms of process, the LIA requires:
the responsible rule maker to apply to the Attorney-General
the Attorney-General to be satisfied that the instrument meets the statutory conditions, and
the Attorney-General to make a declaration which is a legislative instrument and subject to disallowance.
More information
The detail of the declaration is provided in Attachment A.
A copy of each instrument which is the subject of this declaration, and which will now sunset at a different day as specified in this certificate, is available on the whole‑of‑government ComLaw websitehttp://www.comlaw.gov.au.
ATTACHMENT A
NOTES ON THE DECLARATION
Section 1 Name of declaration
This section provides for the declaration to be named as the Legislative Instruments (Hearing Services Administration Instruments) Sunset-altering Declaration 2015. The declaration may be cited by that name.
Section 2 Commencement
This section provides for the declaration to commence on the day after it is registered.
Section 3 Authority
This section provides that the declaration is made under subsection 51A(1) of the Legislative Instruments Act 2003.
Section 4 Repeal of hearing services administration instruments to facilitate review etc.
This section provides that each of the following instruments is repealed on 1 October 2019:
- Hearing Service Providers Accreditation Scheme 1997
- Hearing Services (Eligible Persons) Determination 1997
- Hearing Services (Participants in the Voucher System) Determination 1997
- Hearing Services Rules of Conduct 2012
- Hearing Services Voucher Rules 1997
This is the aligned sunsetting day for those instruments, which would otherwise sunset between 1 April 2016 and 1 October 2022. Four of the instruments will be deferred to a later sunsetting day, and one instrument will be moved forward to an earlier day.
For the purpose of clarity, the section includes a statement that the legal requirements are met, i.e. that these instruments would otherwise be repealed by section 50 of the Legislative Instruments Act 2003, that they are or will be the subject of a single review and that the declaration facilitates the undertaking of the review.
Section 5 Repeal of this declaration
This section provides that the declaration is repealed on 2 October 2019, which is the day after the aligned sunsetting day. This declaration remains thus in force only as long as it is needed.