[blml] Appeal by a Director [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Eric Landau:

[snip]

>I doubt, BTW, that the authors of the current L81C9 intended that
>the Director's power to appeal be subject to the constraint in
>L92D, notwithstanding that TFLB clearly states so

[snip]

Richard Hills:

Any blmler who says that The Fabulous Lawbook "clearly states"
anything is asking for trouble.

:-)

Perhaps the title of this thread is begging the question, petitio
principii.

Law 83:

"If the Director believes that a review of his decision on a point
of fact or exercise of his discretionary power might be in order
(as when he awards an adjusted score under Law 12), he shall advise
a contestant of his right to appeal or may refer the matter to an
appropriate committee."

Richard Hills:

So it seems to me that while a contestant may "appeal", a Director
instead may "refer".  Indeed, it seems to me that Law 92A *defines*
an "appeal" as something which a contestant or their captain does.

I do, however, agree that a Director's Law 81C9 power could well be
clarified.  Instead of the current Law 81C9 wording:

"to refer _a_ matter to _the_ appropriate committee",

better would be this alternative wording:

"to refer _any_ matter to _an_ appropriate committee".


Best wishes

Richard James Hills, amicus curiae
Level 6 Aqua Training Suite, DIAC
02 6225 6776

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