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Report 41

Administrative law

Appeals from the Administrative Appeals Tribunal to the Federal Court, 1997

Summary of the report

The report was transmitted to the Government on 29 September 1997, and tabled on 3 December 1997.

Appeals from the Administrative Appeals Tribunal ('AAT') to the Federal Court are currently limited to appeals on a 'question of law', within the meaning of section 44 of the Administrative Appeals Tribunal Act 1975.

In the report, the Council recommends that the scope of review under section 44 should remain unchanged. However, the report also recommends that the Federal Court's powers be expanded slightly, to give it a discretion to receive evidence and to make findings of fact where there has been an error of law - provided the Court's findings are not inconsistent with those of the AAT.

Response to the report

The Council's recommendation was implemented as part of the Administrative Appeals Tribunal Amendment Act 2005.

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