[blml] 2007 Laws - ACBL's options. [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Jerry Fusselman asked:

>How is the [Law 16] footnoted phrase, "it is not an infraction
>to call the Director earlier or later," interpreted?  E.g., is
>there some doctrine of "failure to protect oneself" that kicks
>in when calling too early or late, even though it is not an
>infraction per se?

Richard Hills:

My opinion is that the footnoted phrase is the exact opposite.

It removes the last vestige of Edgar Kaplan's 1960s idea that
the non-offending side could lose its rights in a use-of-UI
case unless the non-offending side called the TD at a very
specific time.


Best wishes

Richard James Hills
Governance & Standards Section
National Training Branch
Department of Immigration and Citizenship
Telephone: 02 6223 8439
Email: richard.hills at immi.gov.au

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