Motions: Administrative Appeals Tribunal

5 December 2018

Senator PATRICK: I move:

That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 1 April 2019:

(a) the Administrative Appeals Tribunal Act 1975 (the Act) and the operation of the Administrative Appeals Tribunal including, but not limited to, management of caseloads, administrative resources, processes relating to the selection and appointment of non-judicial Tribunal members, and functions performed by Tribunal members under legislation other than the Act; and

(b) any related matters.

Senator BERNARDI: I seek leave to move an amendment to the business of the Senate notice of motion No. 2 moved by Senator Patrick.

An opposition senator: Has it been circulated?

The PRESIDENT: It has.

Leave granted.

Senator BERNARDI: I move the motion as amended:

That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 1 April 2019:

(a) the Administrative Appeals Tribunal Act 1975 (the Act) and the operation of the Administrative Appeals Tribunal including, but not limited to, management of caseloads, administrative resources, processes relating to the selection and appointment of non-judicial Tribunal members, and functions performed by Tribunal members under legislation other than the Act; and

(b) the status, progress and implementation of recommendations by the Statutory Review of the Tribunal by the Hon Ian Callinan AC QC; and

(c) whether the determinations of the Tribunal have been in accordance with community expectations, particularly in the immigration jurisdiction; and

(d) any related matters.

The PRESIDENT: The question is now whether or not we agree with Senator Bernardi's proposed amendment to the motion of Senator Patrick.

Question negatived.

The PRESIDENT: The question is that the motion moved by Senator Patrick be agreed to.

Question negatived.

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