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Report 19

Administrative law

Rights of Review under the Migration Act 1958 and Related Legislation: Interim Report on the Constitution of the Administrative Appeals Tribunal, 1983

Summary of the report

The report was transmitted to the Government on 4 August 1983, and was tabled in the Parliament on 15 September 1983.

The report set out the Council's two options for reform: to remove the prescription on the Administrative Appeal Tribunal's ('AAT') constitution; or, to allow the AAT in its Migration Act 1958 jurisdiction to be constituted by a presidential member. It contains only one recommendation - the second option. This was seen by the Council as an immediate and short-term solution to a pressing problem.

Response to the report

The Council's recommendation was fully implemented. Section 3 of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 gave effect to the Council's recommendation, as an immediate and short-term solution to problems identified by the Council (and dealt with more fully in Report No. 25).