Administrative Decisions (Judicial Review) Amendment Regulations 2003 (No. 1)

Overview

The Administrative Decisions (Judicial Review) Amendment Regulations 2003 (No. 1) were enacted to address the potential delays that could arise from judicial review actions under the Administrative Decisions (Judicial Review) Act 1977 in the context of urgent decisions made under the Quarantine Act 1908. The regulations, made by the Governor-General under the authority of section 20 of the 1977 Act, exempt certain decisions made to contain or prevent outbreaks of major emergency animal diseases from the purview of the judicial review process. This legislative change aims to facilitate the prompt implementation of critical measures to control and eradicate such diseases, ensuring that the coordination efforts of national response agencies and various government levels are not impeded. This amendment was introduced in response to the need for a rapid response mechanism to address highly contagious animal diseases, such as Foot and Mouth Disease, which can have significant national implications.

Scope and Application

The Administrative Decisions (Judicial Review) Amendment Regulations 2003 (No. 1) applies to decisions made under the Quarantine Act 1908 to contain or prevent an outbreak of a major emergency animal disease, ensuring that such decisions are not subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977. This exemption is in place to facilitate the swift implementation of measures crucial for controlling and eradicating the outbreak of a major emergency animal disease, particularly when a person is exercising powers under the Quarantine Act. This regulation is intended to prevent any delays that could be detrimental to the control or eradication of a rapidly spreading disease, such as Foot and Mouth Disease, which can have a significant national impact. The exemption is only applicable if the Governor-General has made a proclamation under section 2B(1) of the Quarantine Act, confirming the presence of an epidemic or the danger of an epidemic of a quarantinable disease in part of the Commonwealth. These regulations do not restrict the right to seek a writ of mandamus, prohibition, or an injunction under section 75(v) of the Constitution or section 39B of the Judiciary Act 1903 against a decision made by a Commonwealth officer during the period of the proclamation. The regulations are designed to align with a national coordination framework agreed upon by the Council of Australian Governments in April 2002, which emphasises immediate and coordinated responses to major emergency animal disease outbreaks. The regulations commence on the day they are gazetted, as per the authority granted under Section 20 of the Administrative Decisions (Judicial Review) Act 1977.

Key Provisions

The main operative sections of the Administrative Decisions (Judicial Review) Amendment Regulations 2003 (No. 1) are sections that declare certain decisions to be exempt from judicial review under the Administrative Decisions (Judicial Review) Act 1977 (the Act). Specifically, regulation 3 of the proposed regulations exempts decisions made under the Quarantine Act 1908 to contain or prevent an outbreak of a major emergency animal disease from the operation of the Act, provided that a proclamation has been made by the Governor-General under section 2B(1) of the Quarantine Act (reg. 3(2)). This exemption applies to decisions made in the context of controlling and eradicating an outbreak of a major emergency animal disease, such as Foot and Mouth Disease, where there is an epidemic or a danger of an epidemic of a quarantinable disease in a part of the Commonwealth (reg. 3(2)(a)). The exemption only applies during the period of the proclamation and does not limit the right to apply for a writ of mandamus, prohibition or an injunction against a decision made by a Commonwealth officer (reg. 3(3)). The proposed regulations impose certain obligations on the parties or entities they govern. Firstly, they require that decisions made under the Quarantine Act 1908 to contain or prevent an outbreak of a major emergency animal disease are exempt from judicial review under the Administrative Decisions (Judicial Review) Act 1977, provided that the relevant proclamation has been made by the Governor-General (reg. 3(2)). Secondly, they require that the exemption only applies during the period of the proclamation and does not limit the right to apply for a writ of mandamus, prohibition or an injunction against a decision made by a Commonwealth officer (reg. 3(3)). Thirdly, they require that the exemption does not affect the right of any person to apply for a writ of mandamus, prohibition or an injunction against a decision made by a Commonwealth officer under section 75(v) of the Constitution, or section 39B of the Judiciary Act 1903 (reg. 3(3)). There are no offences, penalties, or civil/criminal consequences for breach of the proposed regulations. However, it is important to note that the regulations are intended to prevent delays in the prompt implementation of measures essential to controlling and eradicating an outbreak of a major emergency animal disease, which could be highly detrimental to the control or eradication of such diseases. The regulations are also intended to facilitate coordination of the actions of all levels of government in Australia and agricultural industries in a major animal disease outbreak, in accordance with a national whole-of-government coordination framework agreed by the Council of Australian Governments in April 2002. The proposed regulations commence on the day they are gazetted.