Senate debates

Thursday, 25 July 2019

Bills

Counter-Terrorism (Temporary Exclusion Orders) Bill 2019, Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019; In Committee

12:56 pm

Photo of Rex PatrickRex Patrick (SA, Centre Alliance) Share this | Hansard source

I just want to explore that a little bit more. It's pretty clear that the review authority, which is making an administrative review, doesn't review on the merits—I understand that to be what you said. Normally an administrative review can be appealed to a court, but, in doing so, it's normally explicitly stated in the acts that allow the referral that it is to be on a point of law only. This bill doesn't state that, so I'm wondering, when we get to the judicial stage, whether or not you can appeal on the basis of an error of law and also appeal on the basis of an error of fact?

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