Rex Patrick (SA, Independent) Share this | Hansard source

[by video link] I move amendment (1) on sheet 1419:

(1) Schedule 1, page 21 (after line 17), after Part 10, insert:

Part 10A — Appeals to courts

Administrative Appeals Tribunal Act 1975

65A Paragraph 43(5AA)(b)

Omit "on a question of law", substitute "for error of law".

65B Part IVA (heading)

After "Appeals", insert "for errors of law".

65C Subsection 44(1) (heading)

Omit "on question of law", substitute "for error of law".

65D Subsection 44(1)

Omit "on a question of law", substitute "for error of law".

65E Subsection 44AAA(1)

Omit "on a question of law", substitute "for error of law".

65F Application provision

(1) The amendment of paragraph 43(5AA)(b) of the Administrative Appeals Tribunal Act 1975 made by this Part applies in relation to a written notice given on or after the commencement of this item.

(2) The amendments of Part IVA of the Administrative Appeals Tribunal Act 1975 made by this Part apply in relation to an appeal that is instituted on or after the commencement of this item.

This is a very technical amendment, but, again, it's a recommendation that flows from Justice Callinan, the esteemed High Court Justice—and there has been a lot of judicial debate over this question—about whether or not the tribunal can be appealed on a question of law, or preferably, as my amendment seeks to do, on an error of law. That might not seem very different for people who are not lawyers, but, as someone who has had to deal with these sorts of things, it does make a fairly big difference.

At this point in time, I will comment that, in relation to my AAT matter on the national cabinet, it appears as though the government is not appealing that. They are seeking apply Justice White's ruling by way of legislation. I will know later tonight. I will leave that as a comment. I commend my amendment to the chamber.