Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

by leave—I move opposition amendments (1) to (3) on sheet 2381 together:

(1) Schedule 1, item 22, page 12 (after line 12), at the end of section 231C, add:

Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the Legislation Act 2003.

(2) Schedule 1, item 22, page 12 (after line 29), at the end of section 231D, add:

Note: Legislative instruments and explanatory statements must be tabled in each House of the Parliament under sections 38 and 39 of the Legislation Act 2003.

(3) Schedule 1, item 22, page 13 (after line 8), at the end of Division 3C, add:

231G Notice of determination must be published on National VET Regulator's website

(1) If the Minister makes a determination under section 231C or 231D, the National VET Regulator must, as soon as practicable after the determination is registered on the Federal Register of Legislation, publish on the Regulator's website:

(a) a notice that:

(i) states that the determination has been registered; and

(ii) describes the determination; and

(b) a copy of the explanatory statement for the determination.

(2) A failure by the National VET Regulator to comply with subsection (1) does not affect the validity of a determination made under section 231C or 231D.

I thank the government for acknowledging that they will be supporting both amendments. This amendment seeks to engage with the same new power established by this bill, as does amendment 2380. Whereas that amendment is going to be focused on enshrining a specified time frame, this amendment seeks to increase transparency. This amendment will ensure that, if the minister makes a determination under sections 231C or 231D, the national VET regulator must, as soon as practicable after the determination is registered on the Federal Register of Legislation, publish it on the regulator's website.

I also note that this amendment makes it explicit that a copy of any legislative instrument made by the minister under the bill must be delivered to each house of the parliament within six sitting days of that house after the registration of the instrument and, if a copy is not laid before each house of the parliament in accordance with this section, the legislative instrument is repealed immediately after the last day for it to be so laid. This amendment will enshrine increased transparency and ensure that there is greater accountability about any use of the ministerial power established in this bill.

As I said in my second reading speech when I was addressing the amendments that we are now moving, the principle that we are operating under is that we obviously expect this power will be rarely used and, as such, when it is used, there should be the highest level of transparency and accountability in relation to that use, based on consultation. Certainly the amendment that we are moving will improve the legislation. As I said, I thank the minister for indicating that the government will support it.