Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

So, would there be oversight in relation to those matters that are contained in that legislative instrument? It seems to me, on the reading of it, that the following applies:

The Minister may, by legislative instrument, give written directions to the CEO:

(a) about the performance of the CEO’s functions ... ; or

(b) requiring the provision of a report or advice on a matter relating to Safe Work Australia’s functions.

So they would be the only two areas. If the minister sought to provide directions other than those contained in clause 46, what sort of oversight could there be by this parliament, given that 46(2) says:

A direction under paragraph (1)(a) must be of a general nature only.

How can we be assured that the minister will not be too specific but will stick by what the legislation says? At the end of the day, the Senate would not be able to disallow the instrument if it were traversed too far, so how could that actually be checked?