New Instrument: The Legislation (Deferral of Sunsetting—Migration Regulations (Specification of Organisations)) Certificate 2023 (the Certificate) 

IMMI 13/023 specifies both the Department of Human Services (as known at the time of registration) and LSC Psychology as organisations for the purposes of the definition of ‘independent expert’ in regulation 1.21 of Regulationsin relation to non-judicial claims of family violence referred to the independent expert for assessment. The Department of Home Affairs (the Department) is currently progressing amendments to the family violence provisions of the Regulations. The Department has consulted with over 30 experts across the family violence support sector on these amendments.

Certificates of deferral are machinery in nature, and enable legislative instruments that would otherwise sunset to remain in force for a further, but strictly limited, period of time. This will minimise the administrative burden on stakeholders associated with consultation on a deferral that will only have effect for a limited amount of time. Any replacement instrument will be subject to further consultation and parliamentary oversight, including oversight of whether adequate consultation occurred with persons likely to be affected by the replacement instruments.

A 24-month deferral will allow sufficient time for the Department to assess the impact of the amendments to the family violence provisions, and draft a new instrument accordingly. As such, given that deferral of the sunsetting date of IMMI 13/023 is consistent with the policy intent of the sunsetting regime and does not alter existing arrangements, appropriate consultation has occurred for the purposes of section 17 of the Legislation Act.

Written by Ross Ahmadzai

26 Sep, 2023

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