Addendum to the Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Hon Karen Andrews MP)STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Human rights implications
The right to effective remedy contained in Article 2(3) of the ICCPR
On page 18, in paragraph 44, delete the following:
" and excludes judicial review under the Administrative Decision (Judicial Review) Act 1977 (ADJR Act). This approach to review is consistent with similar decisions made for national security and law enforcement purposes, for example those made under the TIA Act"
On page 18, delete paragraph 45 and replace with the following paragraph:
"Australian courts will also have jurisdiction for judicial review of a decision of an issuing authority in the original jurisdiction of the High Court of Australia and in the Federal Court of Australia by operation of subsection 39B(1) of the Judiciary Act 1903, or under the Administrative Decisions (Judicial Review) Act 1977 (the ADJR Act). These judicial review mechanisms will ensure that an affected person or a provider has an avenue to challenge decisions made under these provisions."