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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Administrative Decisions Tribunal Bill 1997.
(a)
to confer the jurisdiction of various Tribunals that are to be abolished
by Schedule 5 to the Administrative Decisions Tribunal Bill 1997 on
the Administrative Decisions Tribunal to be established by that Bill,
and
(b)
to confer on the Administrative Decisions Tribunal the jurisdiction to
review certain administrative decisions that are presently reviewable
by, or appealable to, the Supreme Court, the Industrial Relations
Commission, the District Court or the Local Court, and
* Amended in committee--see table at end of volume.
to confer on the Administrative Decisions Tribunal the jurisdiction to
give the Ombudsman opinions on legal issues arising from the exercise
of certain of the Ombudsman's functions under the Ombudsman Act
1974, and
to confer on the Administrative Decisions Tribunal the jurisdiction to
review certain disciplinary and related action taken by the Minister
under the Public Lotteries Act 1996 in relation to licensees under that
Act that is not presently appealable to a court or reviewable by a
tribunal, and
to make various other amendments to certain Acts that are consequent
on the abolition of these various Tribunals, the establishment of the
Administrative Decisions Tribunal and the transfer of jurisdiction from
courts to the Tribunal.
The following Tribunals are to be abolished by Part 2 of Schedule 5 to the
Administrative Decisions Tribunal Bill 1997:
*
the Boxing Appeals Tribunal continued under section 28 of the Boxing
and Wrestling Control Act 1986
*
the Community Services Appeals Tribunal constituted under the
Community Services (Complaints, Appeals and Monitoring) Act 1993
*
the
Equal
Opportunity
Tribunal
constituted
under
the
Anti-Discrimination Act I977
*
the Legal Services Tribunal constituted under the Legal Profession Act
1987
*
the Schools Appeals Tribunal constituted under the Education Reform
Act 1990
*
the Veterinary Surgeons Disciplinary Tribunal constituted under the
Veterinary Surgeons Act 1986
The amendments represent the first stage of a process aimed at abolishing
various existing Tribunals and transferring their jurisdiction to the
Administrative Decisions Tribunal.
Explanatory note page 2
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the Schedules of
amendments.
Schedule 1 amends (and renames) the Community Services (Complaints,
Appeals and Monitoring) Act 1993 and amends various other Acts
consequent on the abolition of the Community Services Appeals Tribunal.
Schedule 2 amends the Anti-Discrimination Act 1977 and various other Acts
consequent on the abolition of the Equal Opportunity Tribunal.
Schedule 3 amends the Legal Profession Act 1987 and various other Acts
consequent on the abolition of the Legal Services Tribunal.
Schedule 4 makes amendments to:
*
the Boxing and Wrestling Control Act 1986 consequent on the
abolition of the Boxing Appeals Tribunal, and
*
the Education Reform Act 1990 consequent on the abolition of the
Schools Appeals Tribunal, and
*
the Veterinary Surgeons Act 1986 consequent on the abolition of the
Veterinary Surgeons Disciplinary Tribunal.
Schedule 5 amends various Acts to transfer certain jurisdiction to review
administrative decisions from the District Court, the Industrial Relations
Commission, the Local Court and the Supreme Court to the Administrative
Decisions Tribunal.
Schedule 6 amends various other Acts consequent on the enactment of the
Administrative Decisions Tribunal Act 1997.
A detailed explanation of each of the amendments is set out in the proposed
Act after the amendment concerned. A list of the Acts to be amended by the
proposed Act is set out in the notes at the end of the proposed Act.
Explanatory note page 3