Report 9 - Administrative Decisions (Judicial Review) Amendment Bill 1980

Administrative Decisions (Judicial Review) Amendment Bill 1980, 1980

Summary of the report

The report was transmitted to the Government on 16 July 1980, and was tabled in the Parliament on 20 August 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. They concern: regulations to delete classes of decisions from the Schedules to the Administrative Decisions (Judicial Review) Act 1977 ('AD(JR) Act'); the ambit of clause 13A of the Bill; and, levels of decision-making for the proposed section 13A, and the time for giving notice in clause 13A. The Council also recommended that the AD(JR) Act be reviewed after a period of operation, and highlighted the need for AD(JR) record keeping by Departments in anticipation of this future review of the Act.

Response to the report

The Council's specific recommendations concerning regulations and section 13A were not incorporated into the Bill. The Bill was assented to on 1 September 1980, and came into effect at the same time as the AD(JR) Act on 1 October 1980. However, the Government accepted the recommendation on the future review of the operation of the Act. By letter dated 3 June 1983, the Attorney-General asked the Council to undertake the review - for details on the subsequent review see Report Nos 26, 32 and 33.

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