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Administrative Decisions (Judicial Review) Amendment Bill 1987
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Legislative Research Service Department of the Parliamentary Library
Administrative Decisions (Judicial Review) Amendment Bill 1987
Date Introduced: 15 September 1987 House: Senate Presented by: Senator the Han. John Button, Minister representing the Attorney - Generai
Digest of Bill
Purpose
To strengthen the Federal Court's power to refuse to review a decision of a tribunal and to improve the administration of the Administrative Decisions (Judicial Review) Act 1977 (the Principal Act).
Purpose
This Bill is the same as the the Administrative Decisions (Judicial Review) Amendment Bill 1986 which passed the House of Representatives on 26 February 1987 and was introduced into the Senate on 17 March 1987 before lapsing on 5 June with the dissolution of Parliament.
The Principal Act provides for the review of decisions of an administrative nature made under an Act. The Federal Court is given power to review decisions for a number of reasons including a breach of natural justice, an error of law, failure to follow procedure, fraud, failure to
make a decision and where there is no evidence to justify the decision. The Court has power to set aside a decision, refer the matter to the original decision maker for further consideration, declare the rights of the parties or to direct the parties to take certain actions.
FollOWing a review of the operation of the Principal Act by the Administrative Review Council, contained in its report to the Attorney - General titled Review of the Administrative Decisions (Judicial Review) Act 1977- Stage One, one of the problems in the operation of the Principal Act that has been recognised since its introduction is its use to delay proceedings before other bodies. Delay might be sought by a party to proceedings for a number of reasons including a need for more time to prepare a case, a desire to maintain the
status quo for as long as possible or to provide time for lobbying. For example, in a recent inquiry by the Australian Broadcasting Tribunal, 16 matters were decided by the Court during the hearing. As the decisions had the potential to alter the future conduct of the case, considerable delays in the hearing were experienced.
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Main Provisions
Clause 2 will insert new paragraphs into section 10 of the Principal Act. The new provisions will require the Court to refuse to hear applications that may be reviewed under another law unless satisfied that it is in the public interest to grant the application. As weli, the Court is to refuse an application that reiates to a hearing in progress if satisfied that adequate review wili be available at the end of the hearing and that the hearing of the application will interfere with the orderly
conduct of the hearing.
A new section lOA will be inserted into the Principal Act to make it clear that the Courts power to refuse relief includes the power to stay proceedings.
These amendments wili apply to applications lodged after the commencement of this Bill (clause 4).
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For further information, if required, contact the Law and Government Group.
17 september 1987
Bills Digest service Legislative Research service
This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
© Commonwealth of Australia 1987
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