COMMONWEALTH OF AUSTRALIA
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS (AMENDMENT) 1989 1989 No. 373
EXPLANATORY STATEMENT
The purpose of the Regulation is to exempt from the application of section 13 of the Administrative Decisions (Judicial Review) Act 1977 (the Act) decisions of the Superannuation Fund Investment Trust in relation to its commercial activities.
Subsection 13(8) of the Act provides that the regulations may declare a class of decisions to be exempt from the application of section 13.
Section 13 of the Act gives certain persons a right to request a statement of reasons for decisions reviewable under the Act and requires the decision maker to comply with such a request. Classes of decisions set out in Schedule 2 to the Act or in regulations pursuant to subsection 13(8) of the Act are excluded from the application of section 13, that is, from the obligation to provide a statement of reasons for the decision. The decisions are not excluded from review under the Act.
The exemption provided for in the Regulation is consistent with paragraph (k) of Schedule 2 to the Act which provides for the exemption from the application of section 13 of the Act of decisions of many government authorities in respect of their commercial activities. The government authorities are those which, like the Superannuation Fund Investment Trust, operate in a commercial environment and deal with commercially sensitive information.
| Authorised by the Attorney-General |
Overview
The Commonwealth of Australia Administrative Decisions (Judicial Review) Regulations (Amendment) 1989 was enacted to address a gap in the provision of statements of reasons for certain decisions, specifically those made by the Superannuation Fund Investment Trust in relation to its commercial activities. This regulation was introduced to align with the broader policy objective of exempting certain decisions from the requirement to provide statements of reasons, as stipulated under section 13 of the Administrative Decisions (Judicial Review) Act 1977. Authorised by the Attorney-General, the regulation aims to ensure that decisions made in a commercial context by entities such as the Superannuation Fund Investment Trust, which handle commercially sensitive information, are exempt from the obligation to provide such statements while still remaining subject to judicial review. This amendment reflects a policy to balance transparency and the need to protect sensitive commercial information.
Scope and Application
The Administrative Decisions (Judicial Review) Regulations (Amendment) 1989 provide an exemption from the obligation to furnish a statement of reasons for certain decisions made by the Superannuation Fund Investment Trust in relation to its commercial activities. This amendment aligns with the existing framework under the Administrative Decisions (Judicial Review) Act 1977, which allows for specific classes of decisions to be excluded from the requirement of providing reasons under section 13 of the Act. This exclusion does not affect the ability to seek judicial review of these decisions. The Regulation targets the Superannuation Fund Investment Trust, a body operating in a commercial capacity, similar to other government authorities whose decisions in a commercial context are already exempt under Schedule 2 of the Act. The exemption is designed to protect commercially sensitive information, ensuring that the Trust can operate without the administrative burden of having to justify every decision in potentially commercially sensitive areas. The Regulation applies within the Commonwealth of Australia and does not alter the jurisdictional reach or application of the Act beyond what is specified in the Regulation itself.
Key Provisions
The key operative sections of the Administrative Decisions (Judicial Review) Regulations (Amendment) 1989 (No. 373) pertain primarily to the amendment of existing regulations to exempt certain decisions from the requirement to provide a statement of reasons. Section 13(8) of the Administrative Decisions (Judicial Review) Act 1977 (the Act) allows for regulations to declare specific classes of decisions exempt from section 13. This regulation amends the Act to include decisions of the Superannuation Fund Investment Trust in relation to its commercial activities in the list of exempt decisions (section 1). This means that decisions made by the Superannuation Fund Investment Trust in its capacity as a commercial entity will not be subject to the requirement of providing a statement of reasons, although these decisions remain reviewable under the Act.
The obligations imposed by the Act on the Superannuation Fund Investment Trust and other entities governed by it primarily focus on ensuring that certain decisions are excluded from the requirement to provide a statement of reasons. However, it is crucial to note that these decisions remain subject to judicial review, ensuring that there is still a mechanism for challenging the decisions if necessary. The amendment specifically targets decisions related to the Trust's commercial activities, aligning with the intent to protect commercially sensitive information.
The Regulation does not explicitly outline specific offences, penalties, or consequences for breach. However, any breach of the regulations or the Act generally could result in civil or criminal penalties, depending on the nature and severity of the breach. For example, under section 13 of the Act, failure to comply with a request for a statement of reasons when not exempted could potentially lead to legal action or penalties as prescribed under other relevant laws. The maximum penalties for such breaches would be determined by the courts or relevant authorities based on the specific circumstances of the case.
In summary, the Administrative Decisions (Judicial Review) Regulations (Amendment) 1989 (No. 373) serve to exempt certain decisions of the Superannuation Fund Investment Trust from the requirement to provide a statement of reasons, while still permitting judicial review of those decisions. This exemption is designed to protect commercially sensitive information and aligns with broader provisions in the Act that exempt similar decisions made by other government authorities. Although the Regulation itself does not detail specific penalties for breaches, the overarching legal framework provides avenues for addressing non-compliance through civil or criminal sanctions.