Legal System Publications

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.

The report contains recommendations on the first part of the Council's examination of immigration and citizenship decisions.

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.

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.

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.

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.

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.

In the report, the Council identified particular classes of decisions for exclusion from the Administrative Decisions (Judicial Review) Act 1977