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Tuesday, 19 August 1980
Page: 395


Mr Holding asked the Minister representing the Attorney-General, upon notice, on 19 February 1980:

(1   ) Is the Attorney-General able to state when the Administrative Decisions (Judicial Review) Act 1977 will be proclaimed.

(2)   How many requests for exclusions from the Act has the Attorney-General received from Government Departments and which Departments submitted those requests.


Mr Viner - The Attorney-General has provided the following answer to the honourable member's question:

(1)   1 have introduced into the Senate a Bill to amend the Administrative Decisions (Judicial Review) Act 1977. In my Second Reading Speech, I explained that, it was the intention of the Government that the Bill should be brought on for debate during the Budget Sittings of the Parliament this year, with a view to the Act being proclaimed as soon as possible.

(2)   The Administrative Review Council was asked by my predecessor to advise what classes of decisions, if any, should be excluded from the Act. The Council reported to me on 16 October 1 978 and I have tabled a copy of that Report in the Senate. That Report lists the requests made by Departments and statutory authorities to the Council for exclusion from the Act. The views of the Government on what classes of decisions should be excluded, whether from the operation of the Act as a whole or from the obligation imposed by section 1 3 of the Act to provide a statement of reasons, are embodied in the Administrative Decisions (Judicial Review) Amendment Bill 1980 which I have introduced into the Senate. These conclusions were reached after a study of the Report of the Administrative Review Council and after consultation by my officers with other Departments in accordance with the usual practice that all Departments directly affected by a particular subject are consulted before the Minister concerned puts his proposals on that matter before the Government.







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