Michaelia Cash (WA, Liberal Party, Minister for Jobs and Innovation) Share this | Hansard source

The short answer to your question, Senator Pratt, is absolutely not. But, in relation to the broader answer to your question, the alternative would be to use the primary legislation itself to specify the circumstances in which drug or alcohol dependency must or must not be taken into account. This would require the inclusion of an inappropriate level of detail in the primary legislation. Also, using a legislative instrument is preferable because it provides greater flexibility should any refinement to the policy be required. You'd also be aware that the instrument itself is disallowable, so this ensures appropriate parliamentary oversight through the disallowance process. This will ensure that the instrument does not include matters beyond the government's declared policy intent.