[blml] Zone 7 LC interprets Law 27 [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Richard Hills:

>>That is, [it seems to me that] the Zone 7 LC has interpreted
>>the Law 27B1(b) phrase "in the Director's opinion" as meaning
>>"in the Director's _provisional_ opinion, trusting the
>>undercaller in doubtful cases, but the Director's
>>_provisional_ opinion may later be revised via a subsequent
>>Law 27D ruling".

Stefanie Rohan:

>By the director only? Can an AC revise the ruling, or are
>they not permitted to naysay the "director's opinion"?

2007 Law 93B3:

"In adjudicating appeals the committee may exercise all powers
assigned by these Laws to the Director, except that the
committee may not overrule the Director in charge on a point
of law or regulations, or on exercise of his Law 91
disciplinary powers. (The committee may recommend to the
Director in charge that he change such a ruling.)"

Richard Hills:

It seems to me that "the Director's opinion" is a factual
assessment as to which part of Law 27 is applicable, not a
lawful interpretation as to what Law 27 means.  If so, then
an Appeals Committee may legally over-rule the Director's
opinion on the facts.

However, even if a South Pacific Appeals Committee did find
a different set of facts, South Pacific regulation requires
the AC to give a corrective ruling using Law 27D, _not_ a
corrective ruling using Law 27B2.

South Pacific Law 27D regulation:

Law 27D
Non-offending side Damaged

* When you allow correction of an insufficient bid without
restriction, you should always advise the non-offending side
to call you back at the end of play if they consider that
the outcome may have been different had the offender's
partner not had the assistance of the withdrawn bid.

* If so, the score should be adjusted to the most likely
outcome(s), had the insufficient bid not occurred.

* Under ***no circumstances*** may any weight be given to
the perceived benefit that might have accrued to the non-
offending side if the Director had elected to bar the
partner from the auction (even if it subsequently
transpires, that it may have been the more appropriate
action, i.e. it is ***not*** a Directors' error).


Best wishes

Richard James Hills
Graduates and Developmental Training Section
Department of Immigration and Citizenship
Telephone: 02 6223 9067
Email: richard.hills at immi.gov.au

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