EXPLANATORY STATEMENT
1986 No. 60
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS
Section 20 of the Administrative Decisions (Judicial Review) Act 1977 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed by regulations.
Sub-section 19(1) of the Act provides that the regulations may declare a class or classes of decisions to be decisions that are not subject to judicial review by the Court under the Act.
The purpose of the proposed regulations is to repeal regulation 3 of the Administrative Decisions (Judicial Review) Regulations (‘the Principal Regulations’) and insert a new regulation which exempts from judicial review under the Act:
(a) decisions of the Australian Conciliation and Arbitration Commission made under the Building Industry Act 1985;
(b) decisions under the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986;
(c) decisions under the Conciliation and Arbitration Act 1904 in its application by virtue of the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986; and
(d) decisions under the provisions of the Conciliation and Arbitration Act 1904, or of the regulations in force under that Act, referred to in sub-section 6(2) of the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 in their application by virtue of that sub-section.
Details of the proposed regulations are as follows -
Regulation 1.
This regulation defines the Administrative Decisions (Judicial Review) Regulations as the “Principal Regulations”.
Regulation 2.
This regulation amends regulation 2 of the Principal Regulations to interpret the words “Act” or “a provision of an Act” in regulation 3 to include a reference to regulations or by-laws in force under that Act or for the purposes of that provision, as the case may be.
Regulation 3.
This regulation declares the following to be classes of decisions that are not subject to judicial review by the Federal Court under the Act:
(a) decisions of the Australian Conciliation and Arbitration Commission made under the Building Industry Act 1985;
(b) decisions under the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986;
(c) decisions under the Conciliation and Arbitration Act 1904 in its application by virtue of the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986;
(d) decisions under the provisions of the Conciliation and Arbitration Act 1904, or of the regulations in force under that Act, referred to in sub-section 6(2) of the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 in their application by virtue of that sub-section.
Authorised by the Attorney-General