Legal System Publications
Showing 241 - 259 of 259 results
Report 20 - Review of Pension Decisions under Repatriation Legislation 1983
The report contains 21 recommendations. The Council's primary recommendation was that the repatriation jurisdiction currently vested in the Repatriation Review Tribunal be absorbed into the Administrative Appeal Tribunal's ('AAT') jurisdiction.
Report 19 - Interim Report on the Constitution of the Administrative Appeals Tribunal 1983
The report set out the Council's two options for reform, and recommended - the second option, to allow the AAT in its Migration Act 1958 jurisdiction to be constituted by a presidential member.
Report 18 - Compensation (Commonwealth Government Employees) Act 1971 - Amendments 1983
In its report, the Council identified several problems with the operation of the Compensation (Commonwealth Government Employees) Act 1971 ('Act'),
Report 17 - Review of Taxation Decisions by Boards of Review
The Council's main recommendation was that the existing review jurisdiction of the Boards of Review should be vested in the Administrative Appeals Tribunal ('AAT'). The Taxation Boards of Review (Transfer of Jurisdiction) Act 1986 substantially implemented the recommendations made by the Council.
Report 16 - Review of Decisions under the Broadcasting and Television Act 1942
The report contains eight recommendations. The Broadcasting and Television Amendment Act 1985 implemented only part of the one recommendation contained in this report.
Report 15 - Australian Federal Police Act 1979: Sections 38 & 39
The Council recommended the adoption of Commonwealth Employment (Retirement and Redeployment) Act 1979 provisions for the Australian Federal Police, and the reshaping of the Promotions Appeals Board.
Report 13 - Commonwealth Employees' Compensation Tribunal
The report discusses: primary decision-making by the Commissioner for Employees' Compensation; the current review process; incorporation of the Commonwealth Employees' Compensation Tribunal ('CECT') into the Administrative Appeals Tribunal ('AAT'); and, modifications to AAT procedures.
Report 12 - Australian Broadcasting Tribunal Procedures
The Council made 34 recommendations in the report including, among other things, recommendations: on the initiation of inquiries by the Australian Broadcasting Tribunal ('ABT').
Report 11 - Student Assistance Review Tribunals
The report contains nine recommendations. The Council did not recommend transfer of the Student Assistance Review Tribunal ('SART') jurisdiction to the Administrative Appeals Tribunal ('AAT') at that stage, but recommended changes to improve the SART's procedures.
Report 10 - Shipping Registration Bill
The Council made eight recommendations, concerning: whether the appropriate body to hear appeals should be the Administrative Appeals Tribunal or the courts.
Report 9 - Administrative Decisions (Judicial Review) Amendment Bill 1980
The Council noted that some exclusions in the Bill appeared to be inconsistent with the bases of the Council's previous recommendations in Report No. 1. This report contains a total of six recommendations.
Report 8 - Social Security Appeals
The Council concluded that, in principle, every decision that related to the making of a social security payment or assistance, should be subject to external review by an independent tribunal with adequate fact-finding powers and procedures, and with the authority to determine issues conclusively.
Report 7 - Citizenship Review and Appeals System
The report contains recommendations on the first part of the Council's examination of immigration and citizenship decisions.
Report 6 - Entry to Cocos (Keeling) Islands and Christmas Island
The Council made identical recommendations in respect of both the Cocos (Keeling) Islands and Christmas Island. It noted that permanent residents of Australia and Australian citizens were entitled, in some situations, to seek the protection, by an appeal to the Administrative Appeals Tribunal ('AAT'), against orders for their deportation from Australia under the Migration Act 1958.
Report 5 - Defence Force Ombudsman
The Council considered whether it was appropriate for a separate Ombudsman to be established, if their procedures and powers were to be virtually the same as those of the Commonwealth Ombudsman.
Report 4 - Administrative Appeals Tribunal Act 1975 Amendments
The Council's recommendations for: the extension of the power to grant stays of decisions; the time for furnishing reasons and documents; and, its recommendations on the constitution of the Council, were accepted and implemented in the Administrative Appeals Tribunal Amendment Act 1979.
Report 3 - Review of Import Control and Customs By-Law Decisions
In its report, the Council recommended that jurisdiction be vested in the Administrative Appeals Tribunal ('AAT') to review; decisions allocating quotas, decisions refusing to accept an application for by-law entry of goods, and refusals of the Minister to refer a by-law question to the Industries Assistance Commission.
Report 2 - Repatriation Appeals
In the report, the Council supported a link between the proposed Repatriation Review Tribunal and the Administrative Appeals Tribunal ('AAT'). It also supported many of the existing proposals for reference of matters from the specialist tribunal to the AAT.
Report 1 - Administrative Decisions (Judicial Review) Act 1977 exclusions under Section 19
In the report, the Council identified particular classes of decisions for exclusion from the Administrative Decisions (Judicial Review) Act 1977