Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1999. NO. 125, 1999 - SCHEDULE 1

1 Paragraph 49(1)(d)

(d)

not fewer than 3 other members or more than:

(i)

unless subparagraph (ii) applies, 10 other members; or

(ii)

if a higher number than 10 is prescribed by the regulations for the purposes of this subparagraph—that higher number of members.

2 Section 50

50 Qualifications for appointment

A person is not to be appointed as a member referred to in paragraph 49(1)(d) unless he or she:

(a)

has had extensive experience at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or of an authority of a government; or

(b)

has an extensive knowledge of administrative law or public administration; or

(c)

has had direct experience, and has direct knowledge, of the needs of people, or groups of people, significantly affected by government decisions.

3 At the end of paragraphs 51(1)(a), (b), (c), (e) and (f)

4 Before paragraph 51(1)(a)

(aa)

to keep the Commonwealth administrative law system under review, monitor developments in administrative law and recommend to the Minister improvements that might be made to the system; and

(ab)

to inquire into the adequacy of the procedures used by authorities of the Commonwealth and other persons who exercise administrative discretions or make administrative decisions, and consult with and advise them about those procedures, for the purpose of ensuring that the discretions are exercised, or the decisions are made, in a just and equitable manner; and

5 Paragraph 51(1)(d)

(d)

to inquire into:

(i)

the qualification required for membership of authorities of the Commonwealth, and the qualifications required by other persons, engaged in the review of administrative decisions; and

(ii)

the extent of the jurisdiction to review administrative decisions that is conferred on those authorities and other persons; and

(iii)

the adequacy of the procedures used by those authorities and other persons in the exercise of that jurisdiction;

and to consult with and advise those authorities and other persons about the procedures used by them as mentioned in subparagraph (iii) and recommend to the Minister any improvements that might be made in respect of any of the matters referred to in subparagraphs (i), (ii) and (iii); and

6 Paragraph 51(1)(g)

(g)

to facilitate the training of members of authorities of the Commonwealth and other persons in exercising administrative discretions or making administrative decisions; and

(h)

to promote knowledge about the Commonwealth administrative law system; and

(i)

to consider, and report to the Minister on, matters referred to the Council by the Minister.

7 At the end of section 51

(3)

If the Council holds an inquiry, or gives any advice, referred to in paragraph (1)(ab), the Council must give the Minister a copy of any findings made by the Council in the inquiry or a copy of the advice, as the case may be.

8 After section 51

51A Minister may give directions to the Council

The Minister may, by writing given to the President of the Council, give directions to the Council in respect of the performance of its functions or the exercise of its powers and the Council must comply with any such directions.

The Minister may, by writing given to the President of the Council, refer matters to the Council for inquiry and report.

(1)

When the Council concludes its consideration of:

(a)

a matter relating to a project in respect of which the Council has determined that a report is to be prepared; or

(b)

a matter referred by the Minister to the Council for inquiry and report;