Deborah O'Neill (NSW, Australian Labor Party) Share this | Hansard source

I present the Senate Standing Committee for the Scrutiny of Delegated Legislation's Delegated Legislation Monitor8 of 2024 and I move:

That the Senate take note of the report.

Monitor 8 reports on the committee's consideration of 183 legislative instruments registered between 24 May and 25 June 2024. I would particularly like to draw the chamber's attention to two instruments the committee is now able to conclude its examination of, following engagement with the relevant ministers and the associated undertakings that have been implemented. The committee considers that the timely implementation of undertakings are essential to address its scrutiny concerns and will continue to regularly monitor the implementation of undertakings made to the committee.

The first of these instruments is the Jervis Bay Territory Rural Fires Rules 2024, which are made to provide fire management services to the Jervis Bay Territory. The committee has engaged in ongoing correspondence regarding this instrument with the Minister for Regional Development, Local Government and Territories since Delegated legislation monitor 5 of 2024. The committee's scrutiny concerns regarding this instrument related to the breadth of discretionary powers, including the power to impose conditions on members of the Jarvis Bay Territory fire brigade and whether a person is fit and proper to be a member; free access to service standards referenced in the instrument; and privacy matters.

Following engagement with the committee, the minister made an undertaking to register a replacement explanatory statement with additional information to address the scrutiny concerns raised by the committee. This includes the inclusion of an example illustrating conditions that may be imposed on the discretionary decision to list a person as a member; specification of a source to freely access applicable service standards referenced throughout the instrument; and the applicability of the privacy safeguards, including the Privacy Act.

The committee is pleased to conclude its examination of this instrument and welcomes the additional information included in the replacement explanatory statement. I note that the committee expects its guidelines will be taken into account in the preparation of all explanatory statements to delegated legislation in order to minimise engagement with the committee. We nonetheless thank the minister for her timely and informative engagement, as well as for the prompt implementation of the undertaking to amend the explanatory statement. The committee has resolved to withdraw the notice of motion to disallow the instrument.

I would also like to draw the chamber's attention to the committee's concluding comments in relation to the Migration Amendment (Bridging Visas) Regulations 2024 which clarifies the circumstances in which a bridging visa may be granted.

The committee has been engaging with the Minister for Immigration and Multicultural Affairs since Delegated legislation monitor 6 of 2024 about a range of scrutiny concerns, including the availability of independent merit review decisions. On 15 July, the minister made an undertaking to amend the explanatory statement to specify that independent merits review is available for a decision made under the instrument in relation to granting a bridging visa that is subject to conditions. On 30 July, a revised explanatory statement was registered on the Federal Register of Legislation. The committee thanks the minister for his prompt implementation of this undertaking and is pleased to be able to conclude its examination of this instrument. I commend the examples set by Minister McBain and Minister Giles in this monitor by implementing the undertakings made to the committee within just two weeks.

In chapter 4 of this monitor, the committee has instituted a new practice to list all undertakings which remain outstanding for more than 90 days. The committee routinely asks responsible ministers or agencies to make an undertaking to address the committee's scrutiny concerns in relation to a particular legislative instrument. Most commonly, this includes asking the minister or agency to amend the instrument or its explanatory statement. The acceptance of such undertakings by the minister or agencies has the benefit of securing a satisfactory outcome in relation to the committee's scrutiny concerns without interrupting the administration of government by disallowing the instrument in question.

The committee therefore expects undertakings to be implemented in a timely manner and to receive regular updates on the progress of implementation. The committee will be seeking an update from the relevant minister or agency on the progress of implementation for each of the 32 undertakings listed as 'outstanding' for more than 90 days in this monitor. This practice will continue in subsequent monitors to ensure that the committee receives regular progress updates until each undertaking has been implemented. I also advise senators that a full list of all undertakings made to this committee can be found on the committee's website.

With these comments, I commend Delegated legislation monitor 8 of 2024 to the Senate.

Question agreed to.