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The LIV provides feedback on Courts and Tribunals Legislation Amendment Bill

The LIV provides feedback on Courts and Tribunals Legislation Amendment Bill

By Administrative Law and Human Rights Section

Courts Migration Law 

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The Law Institute of Victoria (LIV) has provided feedback on the Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill.

The LIV's submission to the Senate Legal and Constitutional Affairs Committee provides feedback in relation to Parts 8,10 and 15 of the Bill. This includes recommendations concerning Appointments, Authorisations and Assignments, protection of Immigration Assessment Authority (IAA) and some other general Federal Court amendments. 

The LIV has expressed concerns regarding the Bill's amendment that seeks to confer the power of appointments on the Minister rather than the Governor-General, on the basis that the perception of separation of powers is needed in order to maintain public confidence in the integrity and independence of the Tribunal review system.

The LIV also does not support a clause that would give IAA Reviewers judicial immunity, which it says is unnecessary and will stop people from bringing claims of misfeasance or acting in bad faith if IAA Reviewers are accorded the same immunity and protection as the AAT.

LIV members have also raised concerns regarding clause 101 which allows the Federal Court to give reasons in short form if dismissing an appeal, on the basis that this will be  disadvantageous for self-represented applicants who will not be provided a decision with full reasons.

The LIV appreciates that there is a significant burden on the courts currently, but while it supports finding efficiencies to managethe court’s caseload, it suggests the government identifies other ways to increase resources of the courts such as by appointing more judges.

Read the full submission on the Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill here

Contact 

Administrative Law and Human Rights Section 
+61 3 9607 9338 
alhr@liv.asn.au 

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