Administrative Decisions (Judicial Review) Act 1977

SCHEDULE 2  

Section 13

CLASSES OF DECISIONS THAT ARE NOT DECISIONS TO WHICH SECTION 13 APPLIES

(a) decisions in connection with, or made in the course of, redress of grievances, or redress of wrongs, with respect to members of the Defence Force;

(b) decisions in connection with personnel management (including recruitment, training, promotion and organization) with respect to the Defence Force, including decisions relating to particular persons;

(c) decisions under any of the following Acts:

 

Consular Privileges and Immunities Act 1972

 

Diplomatic Privileges and Immunities Act 1967

 

International Organisations (Privileges and Immunities) Act 1963

(d) decisions under the Migration Act 1958 , being:

(i) decisions under section 11Q, other than:

(A) a decision relating to a person who, at the time of the decision, was, within the meaning of that Act, the holder of a valid visa; or

(B) a decision relating to a person who, having entered Australia within the meaning of that Act, was in Australia at the time of the decision;

(ii) decisions in connection with the issue or cancellation of visas;

(iii) decisions whether a person is a person referred to in paragraph (b) of the definition of " exempt non-citizen " in subsection 5(1) of that Act; or

(iv) decisions relating to a person who, having entered Australia as a diplomatic or consular representative of another country, a member of the staff of such a representative or the spouse, de facto partner or a dependent relative of such a representative, was in Australia at the time of the decision (for the purposes of this subparagraph, enter Australia, spouse, de facto partner and relative have the same meanings as in that Act);

(da) decisions of the Attorney-General to give:

(i) notice under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 ; or

(ii) a certificate under section 26, 28, 38F or 38H of that Act;

(db) decisions of the Minister appointed by the Attorney-General under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 to give:

(i) notice under section 6A of that Act; or

(ii) a certificate under section 38F or 38H of that Act;

(dc) decisions under subsection 8(4) or 9(4) of the Parliamentary Joint Committee on Law Enforcement Act 2010 ;

(e) decisions relating to the administration of criminal justice, and, in particular:

(i) decisions in connection with the investigation, committal for trial or prosecution of persons for any offences against a law of the Commonwealth or of a Territory;

(ii) decisions in connection with the appointment of investigators or inspectors for the purposes of such investigations;

(iii) decisions in connection with the issue of warrants, including search warrants and seizure warrants, under a law of the Commonwealth or of a Territory;

(iv) decisions under a law of the Commonwealth or of a Territory requiring the production of documents, the giving of information or the summoning of persons as witnesses;

(v) decisions in connection with an appeal (including an application for a new trial or a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge) arising out of the prosecution of persons for any offences against a law of the Commonwealth or of a Territory;

(eaa) (Repealed by No 89 of 2022)

(ea) decisions under the Australian Crime Commission Act 2002 being:

(i) decisions in connection with intelligence operations; or

(ii) decisions in connection with investigations of State offences that have a federal aspect;

(f) decisions in connection with the institution or conduct of proceedings in a civil court, including decisions that relate to, or may result in, the bringing of such proceedings for the recovery of pecuniary penalties arising from contraventions of enactments, and, in particular:

(i) decisions in connection with the investigation of persons for such contraventions;

(ii) decisions in connection with the appointment of investigators or inspectors for the purposes of such investigations;

(iii) decisions in connection with the issue of search warrants or seizure warrants issued under Division 1 of Part XII of the Customs Act 1901 under enactments; and

(iv) decisions under enactments requiring the production of documents, the giving of information or the summoning of persons as witnesses;

(g) decisions of the Finance Minister to issue sums out of the Consolidated Revenue Fund under an Act to appropriate moneys out of that Fund for the service of, or for expenditure in respect of, any year;

(h) decisions under section 51 of the Public Governance, Performance and Accountability Act 2013 ;

(i) decisions of the Commonwealth Grants Commission relating to the allocation of funds;

(j) decisions of any of the following Tribunals:

 

Academic Salaries Tribunal

 

Defence Force Remuneration Tribunal

 

Federal Police Arbitral Tribunal

 

Remuneration Tribunal;

(k) decisions of any of the following authorities in respect of their commercial activities:

 

Canberra Commercial Development Authority

 

Christmas Island Phosphate Commission

 

Indigenous Business Australia;

(l) decisions of the Reserve Bank in connection with its banking operations (including individual open market operations and foreign exchange dealings);

(m) decisions in connection with the enforcement of judgments or orders for the recovery of moneys by the Commonwealth or by an officer of the Commonwealth;

(n) (Omitted by No 144 of 1983);

(o) decisions of the National Director of the Commonwealth Employment Service made on behalf of that Service to refer, or not to refer, particular clients to particular employers;

(p) decisions under the Civil Aviation Act 1988 that:

(i) relate to aircraft design, the construction or maintenance of aircraft or the safe operation of aircraft or otherwise relate to aviation safety; and

(ii) arise out of findings on material questions of fact based on evidence, or other material:

(A) that was supplied in confidence; or

(B) the publication of which would reveal information that is a trade secret;

(q) decisions in connection with personnel management (including recruitment, training, promotion and organization) with respect to the Australian Public Service or any other Service established by an enactment or the staff of a Commonwealth authority, other than a decision relating to, and having regard to the particular characteristics of, or other circumstances relating to, a particular person;

(r) decisions relating to assignment of duties, voluntary moves between Agencies, compulsory moves between Agencies, promotions or decisions of Promotion Review Committees, of or by individual APS employees;

(s) (Repealed by No 146 of 1999)

(t) decisions relating to:

(i) the making of appointments in the Australian Public Service or any other Service established by an enactment or to the staff of a Commonwealth authority;

(ii) the engagement of persons as employees under the Public Service Act 1999 or under any other enactment that establishes a Service or by a Commonwealth authority; or

(iii) the making of appointments under an enactment or to an office established by, or under, an enactment;

(u) decisions in connection with industrial matters, in respect of the Australian Public Service or any other Service established by an enactment or the staff of a Commonwealth authority;

(w) decisions relating to the making or terminating of appointments of Secretaries under the Public Service Act 1999 ;

(y) decisions relating to:

(i) employing, or terminating the employment of, persons; or

(ii) suspending persons from duties;

 

under the Members of Parliament (Staff) Act 1984 ;

(z) decisions under section 28, 40F or 40H of the Australian Federal Police Act 1979 ;

(za) (Repealed by No 9 of 2000)

(zb) decisions relating to the activities of the Export Finance and Insurance Corporation under Part 4 or 5 of the Export Finance and Insurance Corporation Act 1991 ;

(zc) decisions of the Minister for Foreign Affairs under Part 8B of the Broadcasting Services Act 1992 (for this purpose, Minister for Foreign Affairs has the same meaning as in that Act);

(zd) decisions relating to the activities of Housing Australia under the Housing Australia Act 2018 .

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