Legal System Publications

The report contained several recommendations . The Government deferred its decision on the report, pending an Australian Law Reform Commission report on its Customs and Excise reference.

The report has three parts; the legislative inter-relationship between the Ombudsman and the Administrative Appeals Tribunal. The issue of whether the Ombudsman and the AAT should have overlapping jurisdictions. Options for reform, with a view to improving the relationship between the two bodies.

The report contains 20 recommendations for reform. The Council recommended the improvement of the existing two-tier structure of external review to consist of a single national Tribunal (rather than the existing Social Security Appeals Tribunals, with the Administrative Appeals Tribunal providing review at a second tier.

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.

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.

In its report, the Council identified several problems with the operation of the Compensation (Commonwealth Government Employees) Act 1971 ('Act'),

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.

The report contains eight recommendations. The Broadcasting and Television Amendment Act 1985 implemented only part of the one recommendation contained in this report.

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.

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.

The Council made 34 recommendations in the report including, among other things, recommendations: on the initiation of inquiries by the Australian Broadcasting Tribunal ('ABT').

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.

The Council made eight recommendations, concerning: whether the appropriate body to hear appeals should be the Administrative Appeals Tribunal or the courts.

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.

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.