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Part 2

Legislative Instruments registered with FRLI 17 October–16 November 2012

Consideration of legislative instruments

2.1        The committee has considered 145 legislative instruments introduced into the Parliament between 17 October and 16 November 2012. The committee has also considered the Health Insurance (Dental Services) Amendment Determination (No. 1), which was introduced into Parliament on 10 September 2012. The committee had deferred its consideration of this instrument to enable closer examination.  The full list of instruments scrutinised by the committee can be found in Appendix 2.

2.2        104 instruments do not appear to raise any human rights concerns and are accompanied by statements of compatibility that are adequate. 

2.3        37 instruments do not appear to raise any human rights concerns but are accompanied by statements of compatibility that do not fully meet the committee's expectations.  As the instruments in question do not appear to raise human rights compatibility concerns, the committee has written to the relevant Ministers in a purely advisory capacity providing guidance on the preparation of statements of compatibility.  The committee hope that this approach will assist in the preparation of future statements of compatibility that conform more closely to the committee's expectations.

2.4        The committee is seeking further information from the relevant Minister on the following instruments before forming a view about their compatibility with human rights:

• Marine Order 21, issue 8
• Health Insurance (Dental Services) Amendment Determination (No. 1)

2.5        The committee has deferred its consideration of the following instruments to allow closer consideration of their impact on human rights:

• Social Security (Administration) (Schooling Requirement) Amendment Determination 2012 (No. 1);
• Social Security (Administration) (Schooling requirements – Person Responsible) Specification 2012; and
• Stronger Futures in the Northern Territory (Food Security Areas) Rule 2012
  

 

Marine Order 21, issue 8

FRLI ID: F2012L02149
Tabled in the Senate on 19 November 2012 and the House of Representatives on 26 November 2012
Portfolio: Infrastructure and Transport

Committee view

2.6        The committee seeks clarification from the Minister for Infrastructure and Transport on the potential rights impacts of this instrument to assist its consideration of the instrument's compatibility with human rights.

Purpose of the instrument

2.7        This instrument provides for matters relating to the safety of navigation and emergency procedures for ships.

Compatibility with human rights

2.8        The statement of compatibility states that the instrument does not engage any human rights.

2.9        The committee notes that emergency procedures by their nature are likely to engage a range of human rights, including, for example, the right to life and the right to freedom of movement.

2.10      The committee proposes to write to the Minister for Infrastructure and Transport requesting clarification on the potential rights impacts of the instrument.

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