EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 159
Issued by the Authority of the Minister for the Public Service and Integrity
Ombudsman Act 1976
Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Repeal Regulation 2012
The purpose of the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Repeal Regulation 2012 (the Regulation) is to repeal the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations (the NT Regulations) because those regulations are redundant.
Legislative Authority
Section 38 of the Ombudsman Act 1976 provides in part that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 33(3) of the Acts Interpretation Act 1901 provides, in general terms, that where an Act confers a power to make an instrument of a legislative character, including regulations, the power shall, unless the contrary intention appears, be construed as including a power to repeal the instrument.
Reason for repeal
In February 2009, the Government announced in the Updated Economic and Fiscal Outlook that it would undertake a review of pre-2008 Commonwealth subordinate legislation and other regulation (the Review) in order to document those regulations which impose net costs on business, and identify the scope to improve regulatory efficiency.
The Review, coordinated by the Department of Finance and Deregulation, recommended that the NT Regulations be revoked because they had fulfilled their intended. The NT Regulations set out temporary arrangements for the handling of applications to the Ombudsman, during the expansion of self-government for the Northern Territory in 1978 and 1979.
The Ombudsman no longer has any jurisdiction nor any outstanding complaints relating to the (former) Department of the Northern Territory.
Consultation
The Office of the Commonwealth Ombudsman was consulted on the findings of the Review to confirm that the NT Regulations had fulfilled their intended purpose. The Office supported the repeal of the NT Regulations.
Human Rights
The Regulation will not adversely affect or promote any human rights principles. It is compatible with the rights and freedoms recognised in the seven core international human rights treaties which Australia has ratified.
Regulatory Impact
The Regulation has no direct or significant impact on business and does not restrict competition.
Commencement
The Regulation commences the day after registration.
The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Repeal Regulation 2012 is an instrument issued under the authority of the Minister for the Public Service and Integrity, which seeks to repeal the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations. These earlier regulations were established to manage applications to the Ombudsman during the transition period of self-government for the Northern Territory in the late 1970s. As these transitional arrangements have now fulfilled their intended purpose, the current regulation aims to remove these obsolete provisions. The repeal is grounded in Section 38 of the Ombudsman Act 1976, which allows the Governor-General to issue regulations necessary for the Act's implementation, and Section 33(3) of the Acts Interpretation Act 1901, which grants a power to repeal any legislative instrument unless explicitly stated otherwise. The decision to repeal follows a comprehensive review of pre-2008 Commonwealth regulations, which identified the NT Regulations as redundant. The Office of the Commonwealth Ombudsman supported this repeal, confirming that the regulations had served their purpose and that no outstanding complaints related to the former Department of the Northern Territory.
Scope and Application
The Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Repeal Regulation 2012 is a legislative instrument designed to repeal the Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations (NT Regulations). This repeal is due to the NT Regulations being redundant, having fulfilled their intended purpose during the expansion of self-government for the Northern Territory in 1978 and 1979. The regulation is made under the authority of Section 38 of the Ombudsman Act 1976, which allows for the creation of regulations necessary for the implementation of the Act, and Subsection 33(3) of the Acts Interpretation Act 1901, which provides the power to repeal legislative instruments where appropriate. The repeal was recommended following a review of pre-2008 Commonwealth subordinate legislation, coordinated by the Department of Finance and Deregulation, which identified the NT Regulations as no longer necessary as the Ombudsman has no remaining jurisdiction or complaints related to the former Department of the Northern Territory. The repeal regulation has no adverse impact on human rights and does not significantly affect business or competition.
Key Provisions
The Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Repeal Regulation 2012 (the Regulation) serves to repeal the previously existing Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations (the NT Regulations). This repeal is due to the NT Regulations being redundant, having served their intended purpose during the expansion of self-government for the Northern Territory in 1978 and 1979. These regulations were established to manage applications to the Ombudsman during that transitional period. Section 38 of the Ombudsman Act 1976 empowers the Governor-General to create regulations that are necessary or convenient to carry out the Act, while Subsection 33(3) of the Acts Interpretation Act 1901 allows for the repeal of such instruments when they are no longer needed.
The Regulation imposes no new obligations or requirements on any party or entity since it primarily serves to revoke existing regulations. The repeal signifies that the Ombudsman no longer has jurisdiction over any matters related to the former Department of the Northern Territory. This cessation of jurisdiction means there are no outstanding complaints or applications that need to be handled under the NT Regulations. The Office of the Commonwealth Ombudsman was consulted and confirmed that the repeal was appropriate and supported the termination of these regulations.
The Regulation does not introduce any new offences, penalties, or consequences for breach, as its primary function is to remove outdated regulatory frameworks. However, any breach of the repealed NT Regulations prior to their repeal would have been subject to the penalties and consequences outlined in those regulations. Since the NT Regulations have now been repealed, any previously applicable penalties or consequences under those regulations are no longer in effect. The repeal itself does not impose any new sanctions but ensures that the legal framework is updated to reflect current jurisdictional realities.
In summary, the Regulation's key purpose is the repeal of the NT Regulations, which have served their intended function and are no longer necessary. This repeal does not introduce new obligations or penalties but ensures that the regulatory framework is current and aligned with the current jurisdictional scope of the Ombudsman. The Regulation has no direct or significant impact on business or competition and is compatible with human rights principles and international treaties.