Senate

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Honourable P.D. Durack, Q.C.)

Purpose of the Bill

The Administrative Decisions (Judicial Review) Act 1977 - which is not yet in force - provides

(i)

for review by the Federal Court of Australia of decisions taken under statutory powers, other than decisions of the Governor-General; and

(ii)

for persons affected by such a decision to be given, on request, a statement of reasons for the decision.

This Bill amends that Act in the following respects:

(i)

it excludes certain classes of decisions both from review by the Federal Court and from the obligation to give reasons;

(ii)

it excludes certain other classes of decisions from the requirement to give reasons;

(iii)

it extends the 14-day period within which a statement of reasons must be furnished to a maximum period of 28 days;

(iv)

it provides protection against disclosure in a statement of reasons of confidential personal or business information; and

(v)

it makes a number of other amendments to facilitate the operation of the Act.