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Administrative Appeals Tribunal Act 1975
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the ''Administrative Appeals Tribunal Act 1975'' and started operation in 1976. On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of the Administrative Appeals Tribunal. In December 2022, Attorney-General Mark Dreyfus announced that the AAT will be abolished and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Dreyfus
Mark Alfred Dreyfus (born 3 October 1956) is an Australian politician and lawyer who has been attorney-general of Australia and cabinet secretary since June 2022, having held both roles previously in 2013 and from 2010 to 2013 respectively. Dreyfus is a member of the Australian Labor Party (ALP), and has been the MP for Isaacs since the 2007 election. Before beginning his political career, Dreyfus worked as a barrister for two decades, specialising in constitutional, commercial and environmental law. After winning the seat of Isaacs in 2007, Dreyfus was appointed to the Cabinet in September 2010 by Julia Gillard as Cabinet Secretary. In February 2013, following the resignation of Nicola Roxon, he was moved to become Attorney-General for the first time. After Kevin Rudd replaced Gillard as Prime Minister in June 2013, Dreyfus was retained as Attorney-General and given the additional roles of Special Minister of State and Minister for the Public Service and Integrity. He wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Migration Act 1958
The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons." The 1958 Act replaced the ''Immigration Restriction Act 1901'', which had formed the basis of the White Australia policy, abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times. Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate. Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of Australia
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution, the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by the federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia. Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like the Suprem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preventive Detention
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and multiple types of detention are sometimes considered a form of preventive detention. Usually, preventive detention is the detention of a convicted criminal who has served their sentence, but is considered too dangerous to release. In that case, the detention is considered "preventive" in that it is not intended to punish or deter the criminal, but to prevent the criminal from committing further crimes and/or also protect the public. This article focuses on both this type of preventive detention and detention of a person without trial or conviction by a court. Its purpose is to not to punish a person for their past offences, but to prevent him from committing an offence in the near future. Remand or pre-trial detention (detention of a susp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Governor-General Of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Governor-General of the Commonwealth of Australiaofficial website Retrieved 1 January 2015. The governor-general is appointed by the monarch on the recommendation of government ministers. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Court Of Australia
The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Federal Circuit Court of Australia, it covered family law matters in all states and territories of Australia except for Western Australia, which has a separate Family Court. Its core function was to determine cases with the most complex law, facts and parties, to cover specialised areas in family law, and to provide national coverage as the national appellate court for family law matters. In 2021, the Morrison Government introduced legislation merging the Family Court with the Federal Circuit Court of Australia to form the Federal Circuit and Family Court of Australia, effective from 1 September 2021. Since the merger, the Federal Circuit and Family Court of Australia is the only court which has jurisdiction to deal with purely family law rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law Decisions
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published jointly by the ''Melbourne University Law Review'' and the ''Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drake V Minister For Immigration & Ethnic Affairs
''Drake v Minister for Immigration & Ethnic Affairs'',''Drake v Minister for Immigration & Ethnic Affairs''(1979) 46 FLR 409. (3 May 1979) Federal Court (Full Court). was a 1979 decision of the Federal Court of Australia dealing with drugs, deportation and judicial roles. Background Facts Drake was a United States citizen, but had lived in Australia for 10 years. He was convicted of possessing cannabis and was fined $400 and sentenced to 12 months imprisonment, to be released after 3 months on a good behaviour bond. At the time section 12 of the Migration Act 1958, provided that the Minister for Immigration and Ethnic Affairs could order the deportation of a non-citizen who was sentenced to imprisonment for one year or longer. The Minister signed a deportation order. Drake appealed to the Administrative Appeals Tribunal (AAT). The Administrative Appeals Tribunal The AAT was established in 1975, to conduct an independent merits review of administrative decisions made under Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Veterans' Review Board
The Veterans' Review Board (VRB) is a statutory body within the Australian Government's Veterans' Affairs portfolio. The role of the VRB is to conduct merits review of certain decisions under the ''Veteran's Entitlement Act 1986 (Cth) ''(the VEA) and the ''Military Rehabilitation and Compensation Act 2004 (Cth)'' (the MRCA). The objective of the Board is to provide a mechanism of review that is fair, just, economical and quick. The VRB is not a court, but a specialist, high volume, merits review tribunal. Merits review means the VRB makes a fresh decision that it considers is the correct or preferable decision in all of the circumstances. In doing so, the VRB exercises the same statutory powers, and is subject to the same limitations as the original decision-maker whose decision it is reviewing. New material As the VRB makes a fresh decision, it is not limited to the material that was before the original decision maker. The VRB may consider any additional material or information ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales V Commonwealth (1915)
''New South Wales v Commonwealth'', commonly known as the Wheat case, or more recently as the Inter-State Commission case, is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.Commonwealth of Australia Constitutionsection 92./ref> Background In 1914 there were rising prices in Australia for various commodities, including wheat, caused by a drought in Australia from 1911 to 1916 and the outbreak of World War I in July 1914. The initial response of the Parliament of NSW was to fix the price of wheat at 4s 2d (4 shillings and 2 pence) per bushel while the then market price was 5 p higher at 4s 7d. Farmers and merchants refused to sell their wheat at that price and resulted in the Government seizure of wheat stored at railway yards. By December 1914 the market price in Victoria had risen to 5s 6d. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
