[blml] Appeal to National Authority [SEC=UNOFFICIAL]

richard.hills at immi.gov.au richard.hills at immi.gov.au
Mon Oct 30 08:13:33 CET 2006


Wayne Burrows asserted:

>Surely there is an implicit assumption that the appeal will be heard
>in a timely manner.  Afterall the outcome of an appeal is to get a
>correct result on a board.  If the appeal is not heard in a timely
>manner then it will be impossible to publish results.

Richard Hills notes:

There is not even an implicit assumption that the National Authority
must hear all appeals to it.  The WBF Code of Practice states:

"It is legitimate for the national authority to set some limitation
on matters that it will hear; it is a widespread practice, commended
by the WBF, that the national authority will not review value
judgements except where the appeal committee has made a judgement
that can have no basis in its findings of the facts of a case.
Debatable matters of law and/or regulation are valid questions for
the national authority."


Best wishes

Richard James Hills, amicus curiae
National Training Branch
02 6225 6285




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