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Labor Senators additional comments
1.1
Labor Senators acknowledge that the committee's
recommendation from its inquiry into the Judicial Review Bill in 2004 with
respect to actual notification of decisions has been taken up by the Federal
Government in the current version of the Bill.
Labor Senators endorse the Federal Government's reconsideration of its approach
to this issue.
1.2
However, Labor Senators remain concerned about several
issues raised both in the course of the committee's current inquiry and its
previous inquiry, particularly in relation to time limits and the
constitutional validity of the Bill. Labor
Senators again note that the Bill may be
unconstitutional insofar as it imposes
non-discretionary, absolute time limits for the judicial review of migration
decisions, including those decisions suffering from serious jurisdictional
error. Therefore, Labor Senators reiterate their previous concerns in relation
to such constitutional validity issues.[122]
1.3
Labor Senators also express their disappointment at the
Federal Government's continued failure to release the Penfold Report for
scrutiny and comment, particularly in light of the fact that the findings of
that Report form the basis of the Bill. Once
again, access to the Penfold Report would have been instrumental in allowing
the committee to more adequately assess the need and appropriateness of the Bill.
Senator the Hon
Nick Bolkus
Deputy Chair
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