Commonwealth Functions (Statutes Review) Act 1981

Subsection 5(1) ....

Omit the definitions of Compensation Tribunal, Judge, prescribed Court and the Clerk.

Subsection 5(2A) ..

Omit the subsection.

Subsections 5(8) and (9)  

Omit the subsections, substitute:

(8) A reference in this Act to the institution of a proceeding under Part V in respect of a determination shall be read as a reference to the making of an application to the Administrative Appeals Tribunal under section 63 for a review of the determination.

Paragraph 7A(3)(a) .

Omit “, a Territory forming part of the Commonwealth or a Commonwealth Employees’ Compensation Tribunal,” substitute “or a Territory forming part of the Commonwealth”.

Paragraph 51(1)(b) .

Omit “Compensation”.

Paragraph 51(3)(b) .

Omit “Compensation”.

Paragraphs 61(1)(b) and (c)  

Omit the paragraphs, substitute:

(b) if the determination does not set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for the decision—a notice informing the person served of his rights under section 28 of the Administrative Appeals Tribunal Act 1975; and

(c) a notice informing the person of his right to apply to the Administrative Appeals Tribunal for a review of the determination.

Subsection 61(3) ...

Omit the subsection.

Part V ..........

Omit:

Part V—References to Compensation Tribunals and Applications to Prescribed Courts

Division 1—Preliminary

substitute:

Part V—Review of Determinations by Administrative Appeals Tribunal

Section 63 .......

Repeal the section, substitute:

63  Applications to Administrative Appeals Tribunal

(1) Where a determination by the Commissioner is made under this Act, an application may be made to the Administrative Appeals Tribunal for a review of the determination by or on behalf of a party to the determination but, notwithstanding section 27 of the Administrative Appeals Tribunal Act 1975, no other person may make such an application.

(2) The parties to a proceeding before the Tribunal for a review of a determination shall be the person by or on behalf of whom the application for the review was made and any other person who was a party to the determination but, notwithstanding section 30 of the Administrative Appeals Tribunal Act 1975, the Commissioner shall not be a party to a proceeding before the Tribunal for a review of a determination.

64  Costs of proceeding before Administrative Appeals Tribunal

(1) Subject to this section, the costs incurred by a party in relation to proceedings instituted before the Administrative Appeals Tribunal under this Part shall be borne by that party.

(2) Where:

(a) the Administrative Appeals Tribunal gives a decision:

(i) varying a determination of the Commissioner in a manner favourable to a party to the determination other than the Commonwealth; or

(ii) setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is more favourable to a party to the determination other than the Commonwealth than the determination so set aside; or

(b) the Administrative Appeals Tribunal gives a decision:

(i) varying the determination of the Commissioner in a manner adverse to a party to the determination other than the Commonwealth; or

(ii) setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is less favourable to a party to the determination other than the Commonwealth than the determination so set aside;

not being a decision made as the result of an application to the Tribunal by or on behalf of that party;

the Administrative Appeals Tribunal may order that the costs of the proceedings before it incurred by that party, or a part of those costs, shall be paid by the Commonwealth.

(3) Where the Administrative Appeals Tribunal gives a decision setting aside a determination of the Commissioner and remitting the case for re‑determination by the Commissioner, the Administrative Appeals Tribunal shall order that the costs of the proceedings before it incurred by parties to the determination other than the Commonwealth shall be paid by the Commonwealth.

(4) Where:

(a) the Administrative Appeals Tribunal gives a decision affirming a determination of the Commissioner; and

(b) a party to the determination, not being the Commonwealth or a party by or on behalf of whom the proceedings were instituted, incurred costs in connection with the proceedings before the Tribunal;

the Tribunal shall order that those costs shall be paid by the Commonwealth.

(5) Nothing in subsection (2), (3) or (4) authorized the Administrative Appeals Tribunal to order the Commonwealth to pay any costs incurred by a party in relation to an application for an extension of time for applying to the Tribunal for a review of a determination.

(6) Where, in accordance with this section, the Administrative Appeals Tribunal orders the Commonwealth to pay costs incurred by a party to a determination, the Tribunal may, in the absence of agreement between the Commonwealth and that party as to the amount of the costs to be so paid, tax or settle the amount of the costs to be so paid or order that the costs be taxed by the Registrar or a Deputy Registrar of the Tribunal.

(7) This section does not limit the operation of subsection (5) of section 20.

65  Modifications of Administrative Appeals Tribunal Act 1975

(1) This section has effect for the purposes of the application of the Administrative Appeals Tribunal Act 1975 in relation to a determination made by the Commissioner under this Act.

(2) Section 21 of the Administrative Appeals Tribunal Act 1975 has effect as if any reference in subsection (1A) to a presidential member included a reference to a senior non‑presidential member authorized by the President for the purposes of the exercise of the powers referred to in that subsection.

(3) Section 24 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference to any place in Australia or in an external Territory were a reference to any place whether within or outside Australia.

(4) Subsection (2) of section 29 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference in that subsection to “the twenty‑eighth day” (first occurring) were a reference to “the sixtieth day”.

(5) Section 29 of the Administrative Appeals Tribunal Act 1975 has effect as if there were added at the end thereof the following subsection:

(12) A person who applies to the Administrative Appeals Tribunal for a review of a determination under the Compensation (Commonwealth Government Employees) Act 1971 shall cause a copy of the application to be served on the other party or each other party to the determination.

(6) Section 41 of the Administrative Appeals Tribunal Act 1975 has effect as if references in subsections (4) and (5) to the person who made the decision to which the relevant proceeding relates were references to the parties to the determination to which the relevant proceeding relates.

(7) Section 42A of the Administrative Appeals Tribunal Act 1975 has effect as if subsection (2) were omitted and the following subsection substituted:

(2) If, in the case of a proceeding before the Tribunal in respect of an application for the review of a determination under the Compensation (Commonwealth Government Employees) Act 1971, the person who applied for the review (being the person by or on behalf of whom the claim to which the determination relates was made) fails either to appear in person or to appear by a representative at a preliminary conference held in relation to the application under section 34 and the only other party to the proceeding is the Commonwealth, the Tribunal may dismiss the application without proceeding to review the the determination.

(8) Section 43 of the Administrative Appeals Tribunal Act 1975 has effect as if “and to the Commissioner for Employees’ Compensation” were added at the end of subsection (3).

(9) Section 67 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference in paragraph (a) of subsection (2) to the person who made the decision subject to review were a reference to the Commonwealth.

Divisions 2, 3, 4 and 5 of Part V  

Repeal the Divisions.

Subparagraph 123(1)(a)(i)  

Add “and” at the end of the sub‑paragraph.

Subparagraph 123(1)(a)(ii)  

Add “and” at the end of the sub‑paragraph.

Subparagraphs 123(1)(a)(iii) and (iv)  

Omit the sub‑paragraphs.